Recurrent: Ministry of Transport, Mobility and Urban Agenda

Resolution appealed: R/123/2022

A citizen submitted a request for information to the Ministry of Transport, Mobility and Urban Agenda to know the subsidies received, in an aggregated form, by travelers on various air routes between the Canary Islands.

The Administration denied access on the grounds that General Law 38/2003 on Subsidies, in its article 20, establishes the reserved nature of the data relating to subsidies and the obligation of the personnel at the service of the Administration to keep the strictest and complete professional secrecy with respect to the data about which they have knowledge in this field.

When the complaint was filed, the Transparency and Good Government Council considered it, since the Administration has not substantiated the reasons why it considers the limit invoked to be applicable, so that its concurrence cannot be assessed, as the Supreme Court has ruled.

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 issue raised in the appeal that presents objective casational interest for the formation of the jurisprudence consists of interpreting article 20.5 of the General Law on Subsidies and article 8 of Royal Decree 130/2019 posts in relation to the first additional provision 2 of Law 19/2013, in order to determine whether in the matter of subsidies there is a specific regime of access to information and the reserved nature of said information that supposes that it is applied preferentially to the provisions of the law of transparency, the latter remaining as an additional regulation.