Recurrent: Ministry of Foreign Affairs, European Union and Cooperation

Recurred resolution: R/0122/2022

In exercise of his right of access to information, a citizen submitted an application to the MINISTRY OF FOREIGN AFFAIRS, EUROPEAN UNION AND COOPERATION requesting a copy of the financial audit carried out to the Technical Office of Cooperation in Panama of the Spanish Agency for International Cooperation for Development (AECID).

The Administration issued a decision denying access on the understanding that the disclosure of the aforementioned information is detrimental to the prevention, investigation and punishment of criminal, administrative or disciplinary offences [article 14.1.e) LTAIBG]; adding, subsequently, that investigative actions are under way.

The Council of Transparency and Good Governance, having submitted a complaint pursuant to Article 24 LTAIBG, considers it, first of all, that Article 14.2 LTAIBG does not allow a generic application of the limitations valid for all proceedings in a matter and that, in the event that there is indeed a process of investigation related to the object of the information requested, the provision of Article 14.1(e) LTAIBG coincides with that of Article 3.1(c) of the Council of Europe Convention, the limitation of access being justified in order to avoid prejudice to investigations, the destruction of evidence or the theft of justice. Therefore, to understand that all types of administrative documents directly or indirectly related to a judicial process are generally included in the limit of article 14.1.e) LTAIBG would entail an extensive interpretation of the same and, therefore, contrary to the criterion of strict interpretation of the limitations of the right of access established by this Council and by the jurisprudence of the Supreme Court. In any case, it is stressed, in this case a sufficient justification of the invoked limit has not been provided.