Recurrent: CCOO Madrid Federation of Citizenship Services

Recurred resolution: R/0935/2024

In exercise of the right of access to public information, a request was submitted to the Ministry of the Presidency, Justice and Relations with the Courts for access to the full content of the resolution of a disciplinary file, open to a person identified by name and surname, for the alleged commission of a serious misdemeanour.

The requested Ministry decides to deny access to information because it considers that it is not public information and that this is not the appropriate channel to obtain a copy of the resolution of an administrative file, taking into account the concurrence of a fundamental right worthy of protection, such as the right to privacy and honour of the persons involved in such file.

In its resolution, the Council considers that the argument that the request is not public information and that the channel of the LTAIBG is not adequate to request access to it cannot be accepted, since it is information that is held by an obligated subject and has been prepared in the exercise of its functions, gathering the characteristics established in Article 13 for consideration as public information.

However, it dismisses the claim because the information requested contains personal data relating to the commission of an administrative infringement that does not involve public admonition to the offender and that, on the other hand, there is no express consent of the affected person nor is there a legal rule that protects its communication to the applicant, so it is obliged to conclude that it is not appropriate to recognize the right of access as it is prohibited by the provisions of article 15.1 LTAIBG.