Recurrent: Ministry of the Interior

Resolution appealed: R CTBG 0441/2025

In exercise of the right of access to public information, the Ministry of the Interior was requested to have access to a digital copy of the complete file of the concession to a person of the Cross with the White Badge of the Order of Merit of the Civil Guard.

The requested ministry issued an express ruling in time denying access to the requested information on the basis of Article 14 LTAIBG, paragraph 1 (d), on the protection of public security.

The Council dismisses the claim by pointing out that the Ministry has not provided any justification for the application of the limit of Article 14(1)(d) LTAIBG, either in the contested resolution or in the processing of claims in this proceeding, but has limited itself to its mere invocation. In particular, there is a lack of compliance with the mandate of Article 14.1 LTAIBG, which requires a weighting between the possible damage to the protected legal property (damage test) and the public or private interest in access, it being well known to the Ministry that in these cases there is a public interest in knowing the accredited merits for the granting of the award, insofar as this is indispensable to know how the decision has been taken and "to discern whether the Administration has moved within the scope of discretion, which for this purpose is recognized, without incurring arbitrariness».

However, it is pointed out that, given the matter in question, it is not excluded that the requested file contains some sensitive information, the disclosure of which effectively causes serious harm to public security and, therefore, in respect of it, the application of the limit of Article 14.1.d) LTAIBG is justified. However, if this eventuality occurs, it is indicated that what is appropriate is not the denial of access to the entire file but the granting of partial access in accordance with the provisions of Article 16 LTAIBG, excluding, with due justification, the party affected by the limit.