Recurrent: Asociación Profesional Justicia Guardia Civil (JUCIL)

Recurred resolution: R/0006/2023

In exercise of its right of access to information, the Asociación Profesional Justicia Guardia Civil filed a letter with the Ministry of the Interior, requesting the certificate of silence regarding a request for prior documentation referring to a salary equalization agreement.

In its resolution, the Council of Transparency and Good Government dismisses the claim because it considers that the issuance of a certificate of silence cannot be incorporated into the notion of public information contemplated in articles 12 and 13 of Law 19/2013, of 9 December, on transparency, access to public information and good governance (LTAIBG), which is projected on information held by the Administration insofar as it has been prepared or acquired in the exercise of its functions and therefore pre-exists to the request for access, which is not the case of the issuance of a certificate.

However, the Council reminds the Ministry that the observance of the maximum period of reply established in the LTAIBG is an essential element of the content of the constitutional right of access to public information. In this case, not only did it agree to an extension of the inadmissible period of time, but it also failed to resolve in that extended period of time, proceeding to do so in the course of the claim procedure.