Recurrent: Ministry of Science, Innovation and Universities

Recurred resolution: R/0512/2024

In exercise of the right of access to public information, a request was submitted to the Ministry of Science, Innovation and Universities for access to information on variable remuneration received by public employees of the Higher Council for Scientific Research (CSIC), both those corresponding to work personnel and civil servants.

The requested Ministry issued a resolution in which it partially granted access by providing the resolution of the presidency of the CSIC, of March 24, 2021, which sets criteria and establishes instructions for the allocation of the different components of the staff productivity supplement, and the order PCM/829/2023, of July 20, which approves the Agency Management Contract. However, it denied access to the information related to the amount received by each employee on the grounds of lack of legitimacy of the applicant, the prevalence of the right to protection of the personal data of the recipients, and the risk of stigmatization of those affected, among other issues.

Once the complaint has been filed, the Council considers it to be inappropriate to consider the reasons invoked by the agency for the refusal of the information referring to the amounts received by each employee, although it specifies that the special nature of the supplements linked to productivity or performance, insofar as their amount cannot be known a priori, determines that they can only be provided for expired periods, so that it should be limited to subscribers from 2020 to 2023.

In particular, with regard to the alleged lack of legitimacy of the applicant, the Council recalls that the petition is made under the LTAIBG, article 12 of which grants everyone the right of access to public information.

On the other hand, with regard to the right to data protection of recipients, the Council points out that the sufficiently reasoned weighting required by Article 15.3 LTAIBG must be carried out in order to determine whether the public interest in disclosing the information or the protection of the fundamental right to the protection of personal data of those affected is prevalent, concluding that, in this case, given the concurrent circumstances, full access to the information requested must be given.