Appeal of the RTVE Corporation against Resolution on the total expenses of the TV program "Special Gala End of the Year 2015"
ABSTRACT
A citizen submitted a request for access to information addressed to the RTVE Corporation, which aimed to know the total expenses of the TV program "Special Gala End of the Year 2015" broken down by headings: staff, collaborating companies, presenters, as well as the post-grape program.
The CTRVE responded to the request for access by denying the information because it was considered repetitive and because it harmed its economic and commercial interests. He also argued that knowing the presenters’ salaries would affect their personal data. The citizen filed a complaint with the Council of Transparency and Good Government requesting the delivery of the information. Once the complaints procedure was opened, the CRTVE did not submit conclusions.
The Council of Transparency partially estimated the complaint filed and considered that there is harm to the privacy of the presenters of the Gala, as agreed in a previous resolution with similar content. Nor should the cost derived from the staff seconded to the Corporation be provided for that specific event, since it is not possible to break down that concept down to that level of detail. However, the rest of the information should be provided, as it does not prejudice the economic and commercial interests of CRTVE nor should the application be considered repetitive.
Both the ruling of the Madrid Central Administrative Court No. 9 and the ruling on appeal of the National High Court are unfavourable to the resolution of the Council of Transparency and Good Governance, that is, information should not be provided.