Recurrent: Ministry of Finance and Public Service (AEAT)

Recurred resolution: R/0327/2023

In exercise of its right of access to public information, a letter was filed with the State Tax Administration Agency (AEAT), requesting information on the productivity received by the official staff of the agency assigned in a certain province.

The requested body did not respond within the legally established time limit, so the request was deemed rejected by silence and expedites the way of the claim provided for in Article 24 LTAIBG. In addition, the agency did not respond to the request for claims made in the course of the proceedings before the Council, so it is not possible to know the reasons behind the refusal to grant access to information.

Once the complaint has been filed, the Council for Transparency and Good Governance considers it, given that the requested documentation has the status of public information on whose access there is already a consolidated doctrine of both the Council and the Courts of Justice, and that the entity claimed has not justified the application of any of the limits provided for in articles 14 and 15 of the LTAIBG, nor the concurrence of a case of inadmissibility of its article 18.