RCA266. Claim against denial of access to the previous Inspection proceedings as a result of denunciation.

Recurrent: Ministry of Labor and Social Economy

Recurred resolution: R/0131/2022

In exercise of his right of access to information, a citizen submitted a request for information to the MINISTRY OF LABOUR AND SOCIAL ECONOMY in order to gain access to the specific actions carried out by the Labour and Social Security Inspectorate in relation to a particular complaint and other related matters (if the complainant has been provided with the identity of the complainant and the identity of the civil servant).

The requested Ministry agreed to the inadmissibility of the application, citing the existence of a specific legal regime for access to information established in Article 20.4 of Law 23/2015, of July 21, Ordinator of the Labour and Social Security Inspection System —resulting in the application of the provisions of paragraph 2 of the First Additional Provision of the LTAIBG. It also recalls the duty of reservation prescribed by article 10 of the aforementioned Law 23/2015.

The Council of Transparency and Good Governance has submitted a complaint pursuant to Article 24 LTAIBG, stating, firstly, that Article 20.4 of Law 23/2015 of 21 July does not constitute a specific legal regime of the right of access to information that displaces the regulation of the Law of Transparency. Secondly, it underlines that access to the actions carried out by the inspection (following the complaint of the claimant) is of a public and special use in monitoring how decisions are taken regarding the archiving or continuation of a procedure, without being considered as auxiliary or supporting information and the status of the complainant being irrelevant from the perspective of the right of access to information.

Thirdly, it is recalled that the duty of secrecy established in article 10.1 and 2 of the aforementioned Law 23/2015 does not exclude the application of the LTAIBG and that in no case is it opposable against the person who filed the complaint. Finally, with regard to the identification of the staff member involved, it is pointed out that, in the absence of a decision by the Administration and in the case of purely identifying data, it is appropriate to facilitate identification in accordance with the provisions of article 15.2 LTAIBG.

Judgment No. 50-2023 of the Central Administrative Court No. 4 (157 KB)

Judgment in Appeal No. 52/2023 of the Administrative Litigation Division, seventh section of the National High Court (957 KB)

The Supreme Court has accepted the cassation appeal filed by the Council of Transparency and Good Governance.

The Supreme Court considers that the objective casational interest consists in interpreting the First Additional Provision, second paragraph, of Law 19/2013, of 9 December, on transparency, access to public information and good governance, in relation to articles 10 and 20.4 of Law 23/2015, of 21 July, Ordinator of the Labour and Social Security Inspection System, in order to determine whether or not the aforementioned precepts constitute a specific legal regime of access to information that excludes the application of the Transparency Law (in relation to a request of the complainant for access to information of inspection proceedings).

Order of the Supreme Court of 13 November on the admission of cassation proceedings (98 KB)