Person v. Ministry of Environment and Public Spaces
City of Buenos Aires, 2019
Authority:
Órgano Garante de Acceso a la Información Pública
Country/State:
City of Buenos Aires
Case title:
Person v. Ministry of Environment and Public Spaces
Official citation:
RESOL-2019-16-GCABA-OGDAI
Date of decision:
01/24/2019
Relevant law:
Act 104
Decision:
OGDAI rejected the complaint because the information requested was correctly provided by the Ministry of Environment and Public Spaces during the proceedings before the Application Authority. OGDAI’s resolution was adopted after the statutory deadline had expired.
Decision:
OGDAI rejected the complaint because the information requested was correctly provided by the Ministry of Environment and Public Spaces during the proceedings before the Application Authority. OGDAI’s resolution was adopted after the statutory deadline had expired.
Key words:
Access to information – vexatious requests – public waste containers
Case Summary:
1. Facts
A person required information regarding public waste containers. The Ministry of Environment and Public Spaces complied with the request. Nevertheless, the petitioner filed a complaint before OGDAI on the basis that, in fact, she was not provided with what she had asked for. She also expressed her dissatisfaction with a previous resolution adopted by OGDAI on a similar case.
OGDAI rejected the complaint because the information requested was correctly provided by the Ministry of Environment and Public Spaces during the proceedings before the Application Authority. OGDAI’s resolution was adopted after the statutory deadline had expired.
Note (Optional):
OGDAI’s late response to the complaint was due to the fact that the complainant had submitted more than 400 complaints, 20 information requests, 70 reconsideration and rehearing claims and 24 notes before OGDAI within 4 months, which caused the agency a disproportionate workload and unjustified level of disruption that made it impossible to carry out its tasks. OGDAI described her complaint as vexatious and determined that monopolizing the time and resources of public authorities prevents others from exercising their rights and constitutes an abuse of the right to access information. As regards its own resolutions, OGDAI explained to the claimant that they were final within the administrative structure and that nevertheless she was still able to bring a court case if she was dissatisfied with them.