Recurrent: Ministry of Finance
Resolution appealed: R CTBG 0799/2026
In exercise of the right of access to public information, the EFE Agency was requested to access the global amount of variable remuneration paid in Spain in 2025, including the number of recipients, their identification and the amounts received individually.
The company provided the overall amount paid and the number of recipients, but denied the identification of the beneficiaries and the breakdown of the individual amounts received because they were personal data whose disclosure would violate the right to data protection. Later, during the conduct of this procedure, he requested the retroaction of proceedings to the moment before the resolution in order to grant the affected employees the hearing procedure provided for in Article 19.3 LTAIBG, whose intervention, he maintained, was indispensable because they did not hold the status of senior officials.
The Council considered the claim, considering that the information requested does not contain specially protected data and that the business claimed did not demonstrate the presence of a situation of vulnerability of the employees that will justify the denial of the intended. He recalled that the Supreme Court has consolidated the principle of remunerative transparency by establishing as jurisprudence that ‘Public employee status limits the scope of privacy in respect of professional data linked to the job and the administrative organisation in which it serves, in particular, its identity data, especially when access to individualised information of a remunerative nature is sought (…)’ (SSTS 727/2026 of 10 June and 769/2026 of 18 June). Therefore, it decided to grant access to the requested information, ruling out the possibility of retreating the proceedings to give a hearing to the recipients of the variable remuneration requested.