Recurrent: Ministry of the Interior

Resolution appealed: R CTBG 0411/2025

In the exercise of the right of access to public information, the MINISTRY OF THE INTERIOR was requested to provide access to information related to the concession file (including the proposal) for a Medal of Merit of the Civil Guard with a white badge; official photos and videos of the event; list of assisting authorities (names and positions), as well as relatives and relatives of the decorated attendees of the event and official photographs and videos of the event, and list of other recognitions granted to the beneficiary.

The requested ministry issued a decision denying access to the requested information on the basis of Article 14 LTAIBG, paragraph 1 (d), relating to public security.

The Council partially considers the claim by pointing out that the Ministry has not provided any justification for the application of the limit of article 14.1.d) LTAIBG, limiting itself to its mere invocation, which is clearly insufficient to substantiate the denial of access. In particular, there is a lack of compliance with the mandate of article 14.1 LTAIBG, which requires a weighting between the possible damage to the protected legal property (damage test) and the public or private interest in access, it being well known to the Ministry that in these cases there is a public interest in knowing the accredited merits for the granting of the award, insofar as this is essential to know how the decision has been taken. However, given the subject matter, it cannot be ruled out that the requested file contains some sensitive information, the disclosure of which effectively causes serious harm to public security and, therefore, in respect of it, the application of the limit of Article 14(1)(d) LTAIBG is justified.

A different conclusion is reached, however, in relation to the part of the request that seeks access to the full list of authorities and relatives and relatives present at the event, as well as to official photographs and videos. Since the identity of the attendees and the images captured in the act are personal data, the right of the affected persons to their protection against the public interest in their disclosure prevails. Consequently, the weighting required by Article 15 LTAIBG leads to the dismissal of the claim at this point.