In exercise of his right of access to information, a citizen filed a petition with NAVANTIA, S.A., S.M.E., requesting to know the full and disaggregated salaries of all members of the senior management, bands A and B (directors and sub-directors) according to the classification system of the I Collective Agreement Intercentres of Navantia.
The requested body agreed to the inadmissibility of the application for inadmissibility on the grounds that it is abusive and not justified for the purpose of transparency and that the application does not form part of the rights of information, participation and consultation of workers’ representatives specifically regulated by Article 64 of the Workers’ Statute (ET), which is applicable. Secondly, and subsidiarily, it dismisses the request for access because it believes that divulging the information would violate the economic and commercial interests of Navantia.
Once a complaint has been filed, the Council of Transparency and Good Government considers it by ordering the retroaction of the proceedings so that NAVANTIA grants hearing to the persons affected and, once the procedure has been completed or the deadline has passed, provides the information requested in the terms of the resolution.
From this perspective, the Council dismisses that Article 64 ET contains a specific regime that displaces the general regime of access to public information established in Law 19/2013, of 9 December, on transparency, access to information and good governance (LTAIBG), as well as the abusive nature of the request for information. Secondly, it considers that the so-called limit of article 14.1.h) LTAIBG does not apply, given the markedly generic nature of the justification adduced — which can hardly be considered sufficient to satisfy the requirements of the damage test — and the prevailing public interest in knowing the remuneration of the directors of a company with 100% State-owned social capital.
