Recurrent: Ministry of the Interior

Resolution appealed: R CTBG 0182/2025

In the exercise of the right of access to public information, the Ministry of the Interior was requested to have access to the documentation in two administrative files processed by the General Directorate of the Civil Guard on confidential information on disciplinary matters and action against harassment at work, initiated as a result of the complaint of the claimant, and a partial file was agreed.

The requested body did not respond within the time limit to the request, so, according to article 20.4 LTAIBG, it was considered rejected by silence and expedited the way to file the claim provided for in article 24 LTAIBG. Subsequently, at the allegation stage of this procedure, the General Directorate of the Civil Guard informs the interested party of the inadmissibility of the request for information reserved in application of the first, second, additional provision of the LTAIBG, as regulated in Organic Law 12/2007, of 22 October, on the Disciplinary Regime of the Civil Guard. With regard to the Protocol on Action against Harassment at Work, it considers that it is linked to the disciplinary route and access must be limited in application of Article 14.1(e) LTAIBG, since it damages the prevention, investigation and punishment of criminal, administrative or disciplinary offences, with regard to access to a procedure that has not been completed.

The claimant expresses its disagreement with the hearing procedure granted, and shows that the D.G. The Civil Guard has notified him of the termination of the disciplinary file related to the Protocol of Action against Harassment at Work, so the cause that motivated the denial of the requested information has disappeared.

For the resolution of this claim, the Council establishes a distinction between access to the previous proceedings or reserved information of the part of the complaint that has been filed, and to the information related to the procedure initiated in application of the protocol of workplace harassment for the alleged commission of the serious fault.

The complaint is partially considered, urging the provision of information on the previous proceedings relating to the filing of the complaint, following previous pronouncements by the Council which highlight the public interest in this information in order to ascertain how decisions relating to the exercise of a regulated disciplinary power are taken by the administrative bodies, but refusing access to the complaint relating to the proceedings instituted under the protocol on harassment at work, in application of the limit provided for in Article 14(1)(e) LTAIBG, given that the proceedings were in progress, in order to safeguard the proper outcome of all investigative acts carried out at the preliminary stage of the proceedings.