Recurrent: Ministry of Justice

Resolution appealed: R/0605/2021

A citizen submitted a letter to the Ministry of Justice, requesting access to the nominative relationship of recipients with the amounts granted for productivity and extraordinary bonuses, by the Undersecretary of Justice, in the months of January to May 2021.

The Administration grants partial access on the grounds that there is in no case a legal obligation to facilitate the nominative relationship of recipients with the amounts granted for productivity and extraordinary bonuses.

The Council of Transparency and Good Governance submitted a complaint, considering that, in accordance with the doctrine established by the Supreme Court in its Judgment 3195/2020, of October 15 (ECLI:ES:TS:2020:3195) in which it reiterates its doctrine on the valid and effective application of the LTAIBG in the trade union field –STS number 1558/2020, of June 11 (ECLI:ES:TS:2020:1558), and formulates a series of considerations on the weighting of the right to protection of personal data of public employees with regard to the prevailing right to taxation.

The Supreme Court has accepted the cassation appeal filed by the Council for Transparency and Good Governance.

In the order of admission, the Supreme Court declares that the question raised in the appeal that presents objective casational interest for the formation of jurisprudence consists of determining whether, in accordance with the existing regulations contained in Article 23.3 c) of Law 30/1984, of August 2, on measures for the reform of the Public Service, Final Provision 4.3 of Royal Legislative Decree 5/2015, of October 30, which approves the Consolidated Text of the Law of the Basic Statute of the Public Employee, as well as in Article 15.3 of Law 19/2013, of December 9, of access to public information