Recurrent: Social Security General Treasury

Recurred resolution: R/0897/2023

In exercise of its right of access to public information, a letter was filed with the General Treasury of Social Security (TGSS), requesting information on the amount exonerated from IBEX35 companies as a result of the temporary measures of suspension of contracts and reduction of working hours, since March 15, 2020.

The requested Ministry issued a decision in which it stated that it did not have the requested information and invoked the inadmissibility of article 18.1.d) LTAIBG, indicating the possibility that it could be provided by the National Securities Market Commission. Later, at the allegation stage in this claim procedure, he added the invocation, even without expressly citing it, of the cause of inadmissibility of article 18.1.c) LTAIBG, because access to information would require a reprocessing with information not available and based on data outside its sphere of competence.

Once the complaint has been filed, the Council of Transparency and Good Governance considers it because it does not appreciate the concurrence of any of the reasons for non-admission invoked. With respect to Article 18.1.d) LTAIBG, it cannot be argued that the Administration claims the lack of knowledge of the subjects that constitute the subjective scope of the application, since the information on the companies listed in the IBEX35 is public and easily accessible. On the other hand, it is also not true that it is the National Securities Market Commission that holds the information, since it is a quotation data, not information about these companies.

Nor does it consider the inadmissibility of Article 18.1.c) LTAIBG applicable, since it does not consider that the requested body has to make a disproportionate effort to make the requested information available to the applicant, and therefore it cannot be argued that there is a need for a prior reprocessing action.