A citizen requested a copy of the file of a resolution of the managing director of the Social Housing Agency of the Community of Madrid denying the regularization of a home under the provisions of Law 9/2015, of December 28, on Fiscal and Administrative Measures.
By resolution of the managing director of the Social Housing Agency, access is denied in relation to the application submitted pursuant to the provisions of article 15.2 and 3 of the transparency law since, it is considered, it contains personal data of third parties that affect their privacy and security.
The Council of Transparency and Good Governance, taking as a basis for its decision the content of the joint criterion prepared with the Spanish Data Protection Agency (AEPD) on the scope and content of article 15 of the transparency law, estimates the claim raised by pointing out that the information requested must be provided to the applicant prior to application of the provisions of article 15.4 of the law.
By Decree of October 24, 2017 of the Central Court of Administrative Litigation No. 8 of Madrid, it was agreed to dismiss the appellant declaring the termination of the procedure and proceed to the archiving of the proceedings.
