One company submitted a request for access to information addressed to the Ministry of Development to obtain the Data relating to the accident on the ship Maersk Elba and two tugboats in the port of Valencia, in 2017,as well as a copy of the recording of the vessel’s communications with the tugboats and with the port’s pilots.
The Society of Rescue and Maritime Safety (SASEMAR), attached to the Ministry of Development, denied the information arguing that the equality of the parties in the judicial processes could be violated in the face of a future judicial claim and that the recordings affect the right to the protection of personal data.
When the complaint was filed, the Council of Transparency and Good Governance considered it in part, since there is no judicial complaint at this time and, in addition, the voice recording data have been collected within the work functions of the employees involved, not within their private sphere. However, SASEMAR is urged to give them a hearing and then issue a new resolution on this particular point of the request.