Recurrent: Ministry of Foreign Affairs, European Union and Cooperation

Recurred resolution: R/54/2022

In exercise of its right of access to information, an association submitted a written request to the Ministry of Foreign Affairs, European Union and Cooperation requesting a copy of the self-assessment checklists of Spain created within the framework of the first and second cycles of the review of implementation of the United Nations Convention against Corruption (UNCAC); as well as copies of the complete reports on the implementation of the UNCAC by Spain, corresponding to the first and second cycles of the review of implementation.

The requested Administration partially granted the requested information (facilitating the link to two documents) and denied the rest when considering the application of the limit provided in article 14.1.k) LTAIBG (confidentiality and secrecy in decision-making processes), taking into account the principle of confidentiality contained in the Terms of the Mechanism for the Review of the Implementation of the United Nations Convention against Corruption (hereinafter, the Mechanism).

The Council for Transparency and Good Governance, having submitted a complaint, considers it to be necessary to recall the constitutional status of the right of access to information and the need to interpret the causes of inadmissibility and the limits on access in a restrictive manner. It points out that, from the clauses of the Mechanism, the imposition of a duty of confidentiality for the public information requested is not deduced, on the contrary, it follows that the Mechanism’s clauses encourage the promotion of transparency in this area. In short, the Council does not see sufficient justification for the application of the limit laid down in Article 14.1.k) LTAIBG.