SUMMARY

A citizen submitted an application for access to the Ministry of Finance to know the total amount paid during the year 2019 for the concepts of productivity and extraordinary bonuses (in individualized items) to all its public employees.

The Administration provided some of the information, denying the information relating to productivity and bonuses received by the Ministry’s officials, on the understanding that it belongs to the scope of the public service regulations and is governed by their specific regulations, not by the Transparency Act. He also considers the petition to be abusive.

When the complaint was filed, the Council of Transparency and Good Governance considered it because all information must be provided, including that of public officials, since the EBEP does not have a specific access regime to information, as has been reiterated by the courts of justice, including the Supreme Court. Thus, the recent judgment, of October 7, 2020, issued by the Central Court of Administrative Litigation No. 5 of Madrid, in the PO 9/2020, in a matter very similar to that raised in this file - salaries of contingent personnel of the General Secretariat of the Presidency of the Government - which, dismisses the appeal raised against the resolution of the Transparency Council.