Recurrent: Ministry of Agriculture, Fisheries and Food

Recurred resolution: R CTBG 1426/2024

In exercise of the right of access to public information, the Ministry of Agriculture, Fisheries and Food was requested to provide information on the productivity and bonuses received by the staff of MAPA and its Autonomous Bodies, in the months of January to April 2024, in an editable format, as well as the criteria on the basis of which the distribution was carried out.

The requested ministerial department issued a resolution by which it agreed to deny access to the requested information indicating that: (i) with regard to productivity, Article 18.1.a) LTAIBG indicates that the one corresponding to the first semester of 2024 is in the process of being prepared for subsequent publication; (ii) with regard to bonuses, considering them excluded from the provision of Article 23.3.c LMFRP. Subsequently, in response to the processing of allegations brought within this procedure, it includes as a ground for refusal the protection of personal rights in application of the provisions of article 15.3 LTAIBG, and the recent judgment of the Administrative Litigation Chamber of the National High Court, of March 5, 2024, and states, in relation to the specific criteria for distribution within the Ministry, that those established by Instruction of the late MARM, of March 31, 2009, remain in force.

The Board estimates the claim filed against the MAPA. It considers that the cause of inadmissibility dl 18.1.a) LTAIBG does not apply to the information that is being prepared or published in general to the annuities that have expired. Likewise, with regard to the protection of personal data of productivity and reward recipients, it is indicated that, either because the weighting provided for in Article 15.3 LTAIBG is applied, or the provisions of Article 23.3.c) of Law 30/1984 on measures for the reform of the Public Service, which this Council considers to be in force, are taken into account, taking into account also that the applicant is a member of the Personnel Board, the conclusion reached is that it is appropriate to provide the requested data.