A citizen submitted a letter to the Ministry of Social Rights and Agenda 2030, requesting access to a copy signed by the author or authors of the IMSERSO report on anomalies detected in relation to IMSERSO’s computer contracts, prepared in 2018.
The Administration denied access on the grounds that the applicant is being investigated in a judicial proceeding and can access the proceedings carried out by the Court of Investigation, among which is the report claimed through the Transparency Portal. Thus, the provisions of the First Additional Provision, paragraph 2, of the LTAIBG apply, and it is not appropriate to grant access.
When the complaint was filed, the Council of Transparency and Good Governance considered it since, according to the doctrine of the courts of justice, the provisions of paragraph 2 of the First Additional Provision of the LTAIBG to the case raised do not apply.