SUMMARY

An individual submitted a request for access to information addressed to the Ministry of Defense, which aimed to know the list of passengers who have accompanied the authorities transported by the fleet of the Spanish Air Force Group 45.

The same individual filed a Complaint with the Council of Transparency and Good Government when his request was denied because there is, in the opinion of the Administration, a violation of the personal data protection regulations and because that information is included within the classified matters.

The Transparency Council partially considered the complaint when considering that, on the one hand, the information requested affects the functioning of the Ministry, so that the identity of its authorities in the public performance of their positions should not be vetoed to the knowledge of citizens and, on the other hand, the information requested should not be considered as classified, since there has not been an express act of classification in this regard.

The judgment in the first instance, of the Administrative Central Court No. 10 of Madrid, was favorable to the resolution of the Council of Transparency and Good Governance and the judgment of the National High Court partially estimates the appeal. However, the ruling of the National High Court limited the information to be provided to flights made from December 2014, the date of entry into force of the transparency law.

When an appeal has been lodged with the Supreme Court, the appeal of the Transparency Council is inadmissible, but the appeal of the individual is admissible. With its ruling, the Supreme Court confirms in its entirety the criterion of the Transparency Council: the right of access to information can be exercised in respect of any information held by public administrations, regardless of its date.