Recurrent: Social Security General Treasury

Recurred resolution: R/0950/2023

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 microdata of the casualties registered in the Social Security since 2015, including the dates of discharge and discharge of the employment relationship, sex, age group, CNAE sector two digits and type of contract-day.

The requested Agency issued a decision inadmissing the request on the basis of the provisions of Article 18.1.b) LTAIBG (auxiliary or supporting information) and Article 18.1.c) LTAIBG (requiring prior reprocessing action). Reference was also made to the reserved nature of the Social Security data in accordance with the provisions of article 77.1 of the Consolidated Text of the General Social Security Law. Subsequently, in the case of allegations, it added to the above arguments other arguments referring to the processing of personal data and the abusive and unjustified nature of the request, in accordance with the provisions of Article 18.1.e) LTAIBG.

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.b) LTAIBG, it does not consider that the reasons that would support the invocation of this cause of inadmissibility have been argued, bearing in mind that, according to the Council ' s doctrine, it cannot be understood that the microdata requested may fall within the category of information of an auxiliary or supportive nature.

With regard to article 18.1.c) LTAIBG, it is pointed out that the fact that there is no document specifically containing the requested data must not automatically lead to the inadmissibility of the request for information in its entirety. In this regard, it has not been proven that providing the requested information could paralyse the ordinary management of the management centre, disregarding the general interest entrusted to it; since it is, in short, a computerized operation to extract records from an existing database and the Agency was able to make use of the possibility of extending the time limit to resolve due to the volume or complexity of the information requested.

Nor does it consider the inadmissibility of Article 18.1.e) of the LTAIBG to be applicable, since none of the subjective and objective circumstances necessary to consider that an abusive application is being made.

Finally, the Council does not consider that the provisions of Article 77.1 of the Consolidated Text of the General Social Security Law give rise to any obstacle to access to the information requested, since the aforementioned article allows the possibility of transferring data, reports or records obtained by the Social Security Administration in the exercise of its functions, for scientific research purposes (including the evaluation of public policies), even when such transfers contain personal data, provided that the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council are met. This being possible, the transfer of anonymized data, such as those that are the subject of this request, must be admitted with greater reason.