ABSTRACT

A citizen submitted a request for access to information addressed to the Ministry of the Interior, which aimed to know how many prisoners died between 2005 and 2015 while serving sentences in each of the penitentiary centers, which of these deaths have forced the Department to pay some kind of compensation to family members and, finally, the number of incidents (fights, etc.) registered in each Centre.

The Ministry partially granted access to information and the same citizen filed a complaint with the Council of Transparency and Good Governance (CTBG) for having received partial information. Once the complaints procedure had been opened, the Ministry indicated that the reason for inadmissibility of article 18.1 (c) of the Transparency, Access to Public Information and Good Governance Act (LTAIBG) was applicable, since in order to provide the information for each penitentiary centre it had to redraft it.

The CTBG considered the submitted Claim and considered in its Resolution that the Ministry does not have to go for the first time to very diverse and different Units to request the information to be destined for the Claimant, but has to reorder the information already in its possession and offer it to the Claimant in the terms in which it has been requested, which does not imply prior reprocessing action.

Administrative Litigation of Penitentiary Institutions against granting access to information related to the data on deaths, indemnities and systemic incidents that occurred in Spanish penitentiaries.