Recurrent: Ministry of the Interior

Resolution appealed: R/0082/2022

In exercise of his right of access, an official of penitentiary institutions requested from the Ministry of the Interior information related to the conjunctural productivity paid in the payroll of December 2021, with a certain breakdown.

The competent body partially granted the information, providing the number of people requiring temporary productivity in the area of managers, pre-managers and senior prison staff, as well as the number of recipients in the central services; denying, on the other hand, the individualized list of recipients of such remuneration supplement due to its foreseeable affectation to the right to protection of personal data.

The Council for Transparency and Good Governance has submitted a complaint on the basis that, although it is true that with regard to information on productivity received by staff (with the nominal identification of their beneficiaries), the response must start from the application of the provisions of Article 15.3 LTAIBG, in this case the specific legal rule laid down in Article 23.3.c) of Law 30/1984, of 2 August, on Measures for the Reform of the Public Service, which remains in force and which imposes the publicity (public knowledge) of what is perceived by each employee in this Department or other. It is also stressed that in these cases the hearing procedure provided for in Articles 19.3 and 24.3 LTAIBG is not necessary, in accordance with the doctrine established in the STS of October 15, 2020 (ECLI:TS:ES:3195:2020).

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

The Supreme considers that The objective casational interest for the formation of jurisprudence is to determine whether, according to the existing regulations contained in Article 23.3 c) of Law 30/1984, of 2 August, on measures for the reform of the Public Service, Final Provision 4.3 of Royal Legislative Decree 5/2015, of 30 October, approving the Consolidated Text of the Law on the Basic Status of the Public Employee, as well as in Article 15.3 of Law 19/2013, of 9 December, on transparency, access to public information and good governance, Trade union representatives have the right to access public information regarding the amounts received by each official as a productivity supplement.