Recurrent: Ministry of Finance and Public Service

Recurred resolution: R/0361/2023

In exercise of the right of access to public information, the Ministry of Finance and Public Function was requested to list the list of senior and former senior officials of the General Administration of the State who have failed to comply with their obligations arising from Law 3/2015, of March 30, regulating the exercise of the high office of the General Administration of the State, or of the LTAIBG, identifying the offender and dividing the list by charge it occupies, type of non-compliance, sanction imposed and closing or termination of the case.

The Ministry partially granted the information, transferring to the person concerned the information corresponding to the sanctions that are already public because they are included in the BOE and denying access to the rest of the information under article 15 LTAIBG and the result of the hearing procedure carried out in accordance with article 19 LTAIBG.

The Council considers the claim based on the Supreme Court Judgment (STS) of 7 February 2022 (ECLI:ES:TS:2022:483), as it is fully transferable the jurisprudence established regarding the prevalence of the right of access to information on the right to data protection of those affected since ‘the high office, due to the responsibility it entails and the relevance of the functions it performs, can only be exercised by persons who respect the legal framework regulating the development of their activity and with the maximum conditions of transparency, legality and absence of conflicts between their private interests and those inherent in their public functions’.