Recurrent: Ministry of Agriculture, Fisheries and Food

Resolution appealed: R/0008/2023

In exercise of its right of access to public information, an environmental organization submitted an access request addressed to the Ministry of Agriculture, Fisheries and Food, to obtain information on plant protection products marketed in Spain during 2020, disaggregated by active substances.

In the absence of a response, the requesting organization filed a complaint with the Council for Transparency and Good Governance. During the processing of the procedure, the requested Ministry issued a resolution partially granting access and omitting certain part of the information because it considered that it was subject to statistical confidentiality, in the terms established by articles 13 and 14 of Law 12/1989, of 9 May, on the public statistical function.

The Council considers the claim in relation to the part of the information omitted on the grounds that the Ministry applies statistical confidentiality without mentioning or explaining which personal data might be violated, or justifying why such confidentiality is required, merely stating generically that informants should be protected without adding any further consideration.