SUMMARY

The political party Impulsa Getafe presents a request for information addressed to the Municipal Housing and Land Company (hereinafter, EMSV) of Getafe, with the aim of having access to technical reports, public procurement documents and contracts regarding the construction of public housing in the municipality of Getafe. In the absence of a response from Getafe’s EMSV, the claimant files a complaint with the Transparency and Good Governance Council (CTBG).

In the processing of claims, the EMSV of Getafe argues that the information should not be made available to the interested party with the invocation of various limits of article 14 of Law 19/2013, of 9 December, on transparency, access to public information and good governance, such as that relating to economic and commercial interests, professional secrecy and intellectual and industrial property and the guarantee of confidentiality or secrecy required in decision-making processes. Cases of inadmissibility are also mentioned in order to deny access to information.

Some of the arguments put forward by the EMSV of Getafe are accepted by the CTBG, although the claim is partially estimated, and the claim must make available to the interested party information that must be actively publicized, such as the construction project included in the tender submitted to the public tender and the contract signed with the construction company that awarded the works.

Dissatisfied with the resolution issued by the EMSV of Getafe interposes contentious-administrative appeal that has entry into the Council on April 17, 2019.