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26/06/2020

RTVE has to inform the wages of its managers

The Supreme Court supports the position of the board of transparency and the corporation RTVE should disclose remuneration perceived in 2014 and 2015 by its managers. Until today, the Supreme Court has endorsed the advice of transparency in all cases where its resolutions regarding access to information have reached this Last resort.

The third Section Contencioso-Administrativo division of the supreme court has rejected the appeal by the corporation RTVE against the Appeal Court ruling dictated by the national audience which supported the resolution of the board of transparency and good governance, whichRTVE urged to provide information on the wages of its directors during 2014 and 2015.

The Corporation RTVE carried out in two arguments for not providing information: on the one hand, which provide rewards individually affect the protection of personal data and, on the other, alleged defects in the information request.

Regarding the protection of personal data, recalls the Supreme Court: “the need for a weight of rights in conflict”, specifically, between the public interest in disclosure of information and the fundamental right to the protection of personal data. And, in this respect, the court confirms the weighting done by the council of transparency in its resolution, which was conducted using the interpretative criterion(Abre en nueva ventana) that, on this issue, established the council of transparency and the Spanish Agency of data protection in 2015.

The Supreme Court rejects, therefore, that provide the information affects the protection of personal data, as maintains the corporation RTVE, which, according to the judgment “no plea is not valid on the inappropriateness of Colorado trial conducted by the council, assumed by the national audience, and as we have seen the proportionality of the review leads to the dismissal of the appeal at this point”.

Secondly, RTVE claimed helplessness. Again, this argument is rejected by the Supreme court's judgment, which indicates that “host cannot be” and “there is no ”the powerlessness alleged. RTVE rejected the request for information “for reasons inconsistent” and “weighting was not a more suitable information requests that improperly rejected”.

With this ruling(Abre en nueva ventana) ending the procedure, it ratifies the position taken from the outset by the council of Transparency.There are four cases of Council resolutions on access to information that have reached the Supreme Court. The four cases, the high Court has endorsed the position of the board of Transparency.

History

This process begins when a citizen in October 2016 requested RTVE information on gross annual remuneration perceived in 2014 and 2015 by management of the corporation, with identification of the recipients.

RTVE declared his application claiming that there had been through the proper identification system that, according to the corporation, is the Portal of transparency of the state. The citizen complained to the council of transparency and good governance.

The Council of transparency found the claim, arguing that there is an obligation that information requests must be submitted through the Portal of transparency and RTVE cannot “ does not facilitate the right of access, ” constitutionally recognized and regulated by the law of transparency, in response to formal issues that either do not apply or could have been corrected during the processing ”.

RTVE corporation, non-compliant with resolution of the board of Transparency, went to court. Central Court Contencioso-Administrativo number 6 Madrid dismissed, in his judgement of 6 March(Abre en nueva ventana) this year, the remedy of RTVE. However, the corporation appealed to the national audience(Abre en nueva ventana) , which confirmed the previous sentence.

Against this judgment of the national audience, RTVE decided to lodge an appeal to the supreme court, A last resort. Now the High Court dismisses the appeal and ratifies the resolution of the board of Transparency and good governance, which obliges the corporation to provide the information.

The Supreme court's judgment (NEW) (1189  KB)Icono pdf

Sentencia en apelación nº 47/2018 de la Sala de lo contencioso-administrativo sección 7ª de la Audiencia Nacional (1949  KB)Icono pdf

Sentencia nº 28/2018 del Juzgado Central contencioso-administrativo nº5 (1949  KB)Icono pdf

Resolución del Consejo de Transparencia y Buen Gobierno (4113  KB)Icono pdf