Recurrent: Ministry of the Interior

Resolution appealed: R CTBG 0065/2025

In the exercise of the right of access to public information, the Ministry of the Interior was requested to provide access to a copy of the reports on the prevention of occupational hazards issued in connection with the death of two civil guards who had been run over by a drug trafficker and the traffic accident caused by a truck when a drug control was bypassed.

The Ministry disallows the request by invoking the First Additional Provision. 2 LTAIBG, considering that the proceedings carried out by the judicial police, on request and under the supervision of the judges, courts or prosecutors, are included in a judicial file, whose access regime is governed by its specific regulations. Likewise, the cause of inadmissibility provided for in Article 18.1.b) LTAIBG is invoked, referring to “information of an auxiliary or supporting nature”.

The Council considers the claim by pointing out that the fact that the documentation has been forwarded to the mandatory judicial authority, and that it forms part of judicial proceedings, does not in itself constitute a limit on access to information. Information obtained before and outside the summary cannot be considered an attack on summary secrecy.

With regard to the additional arguments put forward by the ministerial department regarding the cause of non-admission provided for in article 18.1.b) LTAIBG, it is pointed out that it is clear that such reports are in the public interest in determining strategies and procedures for action aimed at preventing and avoiding the repetition of these events. Therefore, if they have been issued, they cannot be considered as auxiliary information and must be delivered taking into account the broad formulation of the recognition and regulation of the right of access to information.