The vacation rental sector takes Tourism to court for its “anti-vacation home” law
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The Canarian Vacation Rental Association, ASCAV, has taken the Department of Tourism of the Government of the Canary Islandsfor “refusing to provide documentation relating to the more than 5,000 allegations» that were contributed to the public consultation on what is known as the vacation rental law, as reported in a statement.
The lawsuit filed by ASCAV against this department for “disallowing access to public consultation” has already been admitted for processingaccording to what they say, is currently being processed in the Superior Court of Justice of the Canary Islands.
The association indicates that on December 7 it made a request to Tourism for a full copy of the allegations presented in the public consultation process, requesting that they be delivered anonymized.
Although, he reports that the Ministry denied access to these, pointing out: “There are not enough means to carry out anonymization tasks of the aforementioned contributions”, a reason that, according to ASCAV, “is not even provided for in the Transparency Law.”
At this point, it highlights that the allegations were presented by citizens through the Internet, “distinguishing separately the ‘name and surname’ fields, thus It was very easy to filter just the content of the allegations -which was what was requested- ignoring personal data, as it could not be otherwise.
Admission for processing of the ASCAV complaint
Given this, ASCAV denounces, the Ministry of Tourism “has limited itself to making a ‘Definitive Report of the regulatory need'”, with the aim of obtaining “the necessary support that justifies its anti-vacation home regulations». Report in which, as detailed, queries are classified into groups based on the department’s own criteria, but “without allowing access to the content of the allegations themselves.”
The Canarian Vacation Rental Association calls it “serious” that the Canary Islands Executive has “hidden” from citizens that “more than 70% of the allegations were against the future law».
Finally, remember that the Transparency Law (Law 12/2014, of December 26, on transparency and access to public information) establishes as a general principle that “all people have the right to access public information, in the terms provided for in this law and in the rest of the legal system” (art. 35), further establishing that such right can only be limited for very specific reasons (national security, defense, foreign relations, etc.) (art. 37) “without any of these causes stating ‘not having the means’, as the Government of the Canary Islands argues.”
Denial of access to public allegations
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