Recurrent: particular

Resolution appealed: R CTBG 1274/2025

In exercise of the right of access to public information, the AEAT/MINISTRY OF FINANCE was requested to have access to information on the number of overtime charges levied by the claimant and other Customs Enforcement officials.

The requested entity did not issue a ruling within the legally established time limit, and the claim procedure provided for in Article 24 LTAIBG was expedited. Late in the day, the competent body issued a decision inadmitting the request for access pursuant to article 18.1.c) LTAIBG. It also refers to the regulations governing the elimination of documents to state that "the Administration does not have in its possession most of the documentation you request» since «Certain personnel payroll documentation can be destroyed after 6 years». Subsequently, in response to the complaints procedure, it indicates that the information requested could affect the personal data of third parties, the location of which for the purposes of articulating the corresponding hearing procedure is impossible.

The Council dismisses the complaint «with regard to the part of the request relating to overtime charged by officials attached to the Customs Surveillance Service, corresponding to the following bodies: Technical Staff of the SVA(A1), Executive Staff of the SVA(A2), Agents of the SVA (C1), in Catalonia and the rest of Spain, from 2000 to February 2025»The application of the alleged cause of inadmissibility is considered justified.

On the other hand, it agrees to transfer the claim to the SPANISH DATA PROTECTION AGENCY, as it is understood that it is a matter of its competence, of the part referring to the number of extra hours charged by the applicant himself, broken down by year, from 2000 to February 11, 2025.