Recurrent: Ministry of Labour and Social Economy
Resolution appealed: R/0268/2022
In exercise of the right of access to information, a citizen submitted a request to the Territorial Director of the Canary Islands of the Provincial Labour and Social Security Inspectorate, regarding access to the acts of infringement in matters of prevention of occupational risks of the Ministry of Health of the Canary Islands, the Canary Health Service or any of the Management and Area Addresses thereof, with information of dates and unequivocal identification of them.
The requested body issued a resolution agreeing to the inadmissibility of the application stating, firstly, that the breaches by the Public Administrations in the field of Prevention of Occupational Risks do not give rise to the extension of acts of infringement; and, secondly, that there exists a specific legal regime of access to information provided in article 20.4 of Law 23/2015, of 21 July Ordinator of the Labour and Social Security Inspection System as well as a duty of reservation established in article 10.2 of the same law.
When the complaint was filed, the Council of Transparency and Good Governance considered it, given that the reference to infringement proceedings the application can be understood to be equivalent to Request on the measures to be adopted and the deadline for their implementation that is drawn up by the Inspectorate in the event of non-compliance by an Administration. On the other hand, it is pointed out that there is no specific access procedure in the Ordinating Law of the Labour and Social Security Inspection System—since the purpose of the precept invoked by the requested organ is the determination of the interested party status— that it is necessary to differentiate between the duty of secrecy or secrecy imposed on public employees and the characterization of the information itself as confidential and that, in any case, confidentiality is not an absolute limit that prevents the delivery of information, after dissociation of personal data so that the identification of the persons affected does not occur.