SUMMARY

This claim is the cause of a previous one of 2017, RT/0010/2017, of 7 April, appealed to the courts that ruled that there should be a retroaction of proceedings so that the author of the doctoral thesis whose access was sought could be heard.

In RT/0214/2018, the same citizen again sent a request for access to information to the Polytechnic University of Madrid by virtue of which he requested a copy of the doctoral thesis previously requested.

Once the author was contacted, he declared his refusal to give access to his doctoral thesis by invoking his right to intellectual property. Intellectual property on a work implies the recognition of the exclusive exercise by its author of the rights of exploitation of the work in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, which may not be carried out without his authorization, except in the cases provided for in the Law.

The Council of Transparency and Good Governance, in application of article 14.1 j) (limit of intellectual property) of Law 19/2013, of 9 December, dismissed the claim raised.

Faced with this resolution, the claimant filed an administrative appeal in February 2019.