Recurrent: Ministry of Agriculture, Fisheries and Food

Recurred resolution: R CTBG 0993//2024

In the exercise of the right of access to public information, a request was submitted to the Ministry of Agriculture, Fisheries and Food for access to information on the extraordinary productivities and bonuses received by the staff of the Ministry and its autonomous bodies during 2023, broken down individually by name and surname.

The Administration agreed to the delivery of some of the information by making the productivity lists for 2023 available in an office at the Ministry’s headquarters, ignoring the request for delivery in an editable format, and denied access to information regarding bonuses.

The Council considers the claim considering that the denial of access to the public information requested has not been based on any of the causes of inadmissibility or limits provided for in the LTAIBG, being, furthermore, notorious and consolidated its doctrine that recognizes access to this type of information.

Thus, whether the general rule requiring that the decision on access to the remuneration of public officials and employees be adopted by means of the weighting provided for in Article 15.3 of the LTAIBG is applied, or whether the fact that the legislator has already carried out the weighting [in Article 23.3.c) LMRFP] and has established the obligation for the Administration to give public knowledge of the amounts received by “each official” as variable remuneration to the other officials of the department and agency concerned, as well as to the trade union representatives, the conclusion must be to recognize in this case, given the circumstances of full access requested.