Recurring: Particular

Recurred resolution: R/0516/2023

In exercise of the right of access to public information, an application for access to the certification of the productivity supplement (and the points they have raised for the officials it identifies) was submitted to the State Tax Administration Agency (AEAT) of the Ministry of Finance and Public Function for the inspection actions carried out in relation to the applicant.

The Tax Agency provided a link through which institutional information on the productivity complement is accessed (including Resolution on the scale and instruction of 2022); adding an information note in which it is dismissed to give more data on the inspectors acting, basing its decision on article 5 of Organic Law 3/2018, of December 5, on the protection of personal data and guarantee of digital rights and stressing that “productivity is perceived in relation to the results of a set of actions, to a set of work activities, never by an inspection”.

The Council dismisses the claim on the basis that the statement previously transcribed (on the lack of productivity by a specific inspection) shows that the AEAT does not have the required information and, consequently, there is no object on which to project the right.