Appeal of an individual against denial of access to information pending publication in the BOE
SUMMARY
A citizen submitted a request for access to information addressed to the Ministry of Finance and Public Administration (now the Ministry of Finance and the Civil Service), which aimed to learn about the exchanges of letters with other states made since the entry into force of the Constitution, concerning double taxation agreements and the exchange of information on tax matters.
The Ministry stated that international treaties, as a legal norm, should be published in the Official State Gazette. In accordance with the above, the application must be inadmissible insofar as the exchanges of letters to which it refers are subsumible in article 18.1 (a) of the Transparency Act.
The Council dismissed the claim because the publication of the exchange of letters for which the applicant is interested is being processed in the BOE, but stated that the Ministry must inform the claimant of whether the exchange of letters referred to in the application has been sent to the BOE and, in this case, the date on which the publication is scheduled.