Recurrent: Labor and Social Security Inspection

Recurred resolution: R/0756/2023

In exercise of the right of access to public information, the Active Citizen Defense association requested from the Provincial Council of Cadiz copies of the contracts signed by the company Consultores Locales, S.A., from the year 2010 to the date of the request, as well as invoices or payment documents for work performed by that company. It also requested a copy of the files opened by inspections carried out on the aforementioned Provincial Council in relation to the hiring of third companies from 2015 to the present.

Faced with the denial of access to the requested information, the association filed a complaint with the Transparency and Data Protection Council of Andalusia, which agreed its estimate with the retroaction of the procedure, in order to offer a hearing to the third persons affected in accordance with the provisions of article 19.3 LTAIBG, returning the proceedings to the Provincial Council of Cadiz, which, in turn, referred them to the Provincial Labour Inspectorate in the province.

The Provincial Labour Inspectorate did not respond to the request submitted within the legally established time limit, meaning that the complaint provided for in article 24 LTAIBG was rejected by silence and expedited. Nor did it respond to the request for complaints made in the course of the proceedings before this Council, so it has not been possible to know the reasons for its refusal to grant access to information.

The Council considers the claim 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 cause of inadmissibility of its article 18.