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RCA264. Complaint against denial of information on the list of sanctions filed by the Labour Inspectorate since 2017

Recurrent: Ministry of Labor and Social Economy

Recurred resolution: R/0186/2022

A private foundation submitted a request for information to the MINISTRY OF LABOR AND SOCIAL ECONOMY to access the list of sanctions filed by the Labor Inspection, disaggregated by name and surname or social reason of the subject offender and with indication of his activity, province, date, the infraction or infractions committed and amount proposed for the infraction, since 2017.

The Administration partially granted access by redirecting the applicant to a web link where the reports with information on the subject are published until 2020. On the other hand, it denies the information relating to the identity of the offenders since the status of interested party has not been established, nor is the intention in accordance with the specific normative provisions for access to information of the Labour and Social Security Inspection System, supposing its disclosure a violation of the duty of reservation that affects all personnel of the Labour and Social Security Inspection System as well as a prejudice to the prevention, investigation and punishment of criminal, administrative or disciplinary offences [article 14.1 (e) LTAIBG] and professional secrecy and intellectual and industrial property [article 14.1 (j) LTAIBG].

When a complaint was filed, the Council of Transparency and Good Governance considered it, with retroactive actions, so that the requested Ministry complies with the hearing procedure provided for in Article 19.3 LTAIBG, giving the possibility of alleging the companies involved. However, it is also clear that articles 10 and 20 of Law 23/2015, of 21 July, Ordinator of the Labour Inspection and Social Security System, do not constitute a specific legal regime for access to information that displaces the provisions of the LTAIBG, pointing out that a distinction must be made between the duty of reservation or secrecy imposed on public employees with regard to the disclosure of the information they know in the exercise of their functions and the characterization of the information as confidential. With regard to the limits to the exercise of the right, the Council does not appreciate its concurrence, stressing that its mere citation is not enough.