SUMMARY

A citizen sends an application for access to public information to the Rey Juan Carlos University (URJC) by virtue of which he is interested in the applications of students for the validation of credits in all the studies linked to the Institute of Public Law, dependent of the URJC between the 2005-06 and 2017-18 courses. Being dissatisfied with the response given to his request by the URJC, the interested party presents a complaint to the Council of Transparency and Good Governance (CTBG).

The URJC argues to deny access to information by the interested party the existence of personal data and the limit of article 14.1 e) of Law 19/2013, of 9 December, on transparency, access to public information and good governance, regarding the harm to the prevention, investigation and punishment of criminal, administrative or disciplinary offences, insofar as there is a judicial procedure in relation to the Institute of Public Law.

According to the CTBG in its resolution, both arguments cannot succeed for the following reasons: first, the protection of personal data can be saved with an anonymization of such data; second, the invocation of the limit of the aforementioned article 14.1 e) is not applicable since the information requested has not been expressly elaborated on the occasion of a pending judicial procedure, nor has it been proven that the procedural strategy of one of the procedural parties will be effectively harmed by access to information.

For the reasons set out above, the CTBG estimates the claim submitted.

Dissatisfied with the resolution issued by the URJC interposes contentious-administrative appeal that has entry into the Council on April 11, 2019.