Recurrent: Ministry of the Interior

Resolution appealed: R CTBG 0509/2025

In exercise of the right of access to public information, the MINISTRY OF THE INTERIOR was requested to have access to a disciplinary file.

The requested ministry did not issue a ruling within the legally established time limit, and the claim procedure provided for in Article 24 LTAIBG was expedited. In the processing of claims brought within this claim procedure, they invoke the concurrence of the First Additional Provision (special regulations on the right of access to public information) paragraph 2 LTAIBG, since it is considered that the applicable regulation is Organic Law 12/2007, of 22 October, on the disciplinary regime of the Civil Guard, which ‘regulates the procedure and scope of access to information, in which article 47.2 specifies, in this regard, that “The resolution of the procedure shall be notified to the interested party and to whoever has formulated the part”.

The Council notes that the aforementioned Organic Law 12/2007 does not contain a specific legal regime for access to information. Article 47.2 only regulates the notification and access of the accused to the proceedings in order to guarantee his right of defence in the sanctioning procedure.

The file whose access is requested has been finalized with a resolution declaring the non-responsibility of the respondent and, consequently, the commission of an administrative infringement is not declared and no disciplinary sanction is imposed. This means that the provisions of Article 15.1 LTAIBG, second paragraph, which requires, for cases in which the information requested includes certain data belonging to special categories or, as far as this is concerned, ‘data relating to the commission of criminal or administrative offences that do not entail a public warning to the offender’, do not apply, that access should be granted, either with the express consent of the person concerned or with the protection (provision) of a rule with the rank of law. Since the termination of the proceedings has been agreed without the declaration of responsibility, there are no data relating to the commission of criminal or administrative offences and, consequently, the doctrine developed by this Council with regard to the (partial) access of the complainant to the previous proceedings carried out as a result of his complaint is applicable when the result of those proceedings has been an archival resolution.

It concludes by estimating the claim, recognizing the right of the applicant to access the part of the file that contains the facts established, the relevant circumstances and the motivation of the decision, after dissociation of the personal data.