ABSTRACT

A Trade Union Section of the Ministry submitted a request for access to the information addressed to the Ministry, which was aimed at ascertaining the distribution of productivity in 2015 of its managerial staff, potential staff, self-appointed staff and other civil servants.

The Ministry did not respond to the request for access. The Trade Union Section filed a complaint with the Council of Transparency and Good Governance (CTBG) requesting the delivery of the information. When the complaints procedure was opened, the Ministry stated that it should not provide the information when it clashes with the right to the protection of the personal data of its officials.

The CTBG partially considered the Claim submitted and considered that there was no such violation of that right in all cases, urging the Ministry to provide full information regarding its managerial, contingent and freely appointed officials. For other staff members, productivity listings should be provided without identification of their holders or disaggregation of remuneration concepts.

State: the decision of the Madrid Administrative Court No. 4 dismisses the appeal filed by the Ministry and confirms the resolution of the Council of Transparency and Good Governance .