Recurrent: Ministry of Labor and Social Economy
Recurred resolution: R/0333/2024
In exercise of the right of access to public information, a request for access to the records of infringement and the requirements made by the Labour and Social Security Inspectorate in respect of a certain company was submitted to the Ministry of Labour and Social Economy.
The requested Ministry issued a resolution in which it agreed to deny the requested access on the basis of the existence of a specific regime of access to public information in accordance with the first additional provision LTAIBG, the confidentiality of the information handled by officials of the Labour and Social Security Inspection System, and the limits provided in article 14.1.e) and j) LTAIBG, that is, the effect on the prevention, investigation and punishment of criminal, administrative or disciplinary offences and professional secrecy and intellectual and industrial property, respectively.
The Council considers the claim by not considering, firstly, that Article 20.4 of Law 23/2015, of July 23, establishes a specific legal regime of access (complete or partial) that shifts to the Transparency Law.
With regard to the supposed confidentiality of the information, the Council considers, as it has already done in previous resolutions, that it is necessary to differentiate between the duty of secrecy imposed on public employees with regard to the disclosure of the information they know in the exercise of their functions, and the characterization of the information itself as confidential.
Finally, with regard to the concurrence of the limits on the exercise of the right of access to information invoked, the Council understands that, according to the jurisprudence on the strict (and restrictive) interpretation of the limits on the exercise of the right established by the Supreme Court, the mere citation of the cases provided for in article 14.1.e) and j) LTAIBG does not provide the necessary express and detailed justification that requires its application, which excludes the need for its analysis.