Recurrent: Labor and Social Security Inspection. Ministry of Labour and Social Economy

Recurred resolution: R/0513/2023

In exercise of the right of access to public information, a request was submitted to the Labour and Social Security Inspectorate of the Ministry of Labour and Social Security for access to a copy of the file initiated as a result of a complaint of harassment at work, as well as a description of the procedure used for the appointment of the trainer, statements of conflict of interest signed, and second activity authorizations granted.

The Administration partially grants the information, stating that it has given an earlier response in respect of certain aspects of the file initiated, having provided the criteria used for the allocation of services, and indicating that no declaration of conflict of interest by the inspectors is required for the performance of their work, resulting in the application of the general regulations on the grounds of abstention and disqualification of officials.

On the other hand, access to the complete file is denied on the basis of the First Additional Provision LTAIBG, considering that there is a specific legal regime of access to the information provided in article 20.4 of Law 23/2015, of July 21, Ordinator of the System of the Labour Inspection and Social Security, in particular in relation to the information regarding the authorizations for the exercise of activities outside the position, based on the protection of personal data.

The Council considers the claim by ruling out the alleged existence of a specific legal regime based on the provisions of the aforementioned Law, recognizing the claimant’s right to access a copy of the file, after dissociation of personal data so as to prevent the identification of the persons affected, as well as the list of authorizations for activities outside his position granted to the procedural instructor and the person who appointed him.