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Guía del Ciudadano. Derecho de acceso

Descargar la Guía del ciudadano. Derecho de acceso (PDF)

Con carácter previo al ejercicio del derecho de acceso, el ciudadano podrá consultar en el Portal de la Transparencia del Gobierno de España la información contenida en el mismo.

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Transparency Portal. Active Advertising

Portal de la Transparencia. Publicidad activa

is the platform under the Ministry of the Presidency, by which you can access the information from the Central Government under the Act, whose disclosure is relevant to ensure the transparency of its activity related to the operation and control of public action. It will also contain information that citizens most frequently requested right of access to public information and the decisions rejecting the right of access, previously anonymised.

A set of entities that make up the government in particular.

  • State Administration
  • management entities and common services of the Social Security and the mutual collaborating Social Security .
  • autonomous bodies , the State Agencies , the public companies and public law entities , with functional independence or with special autonomy recognized by law, attributed to regulatory or supervisory functions of external character on a given sector or activity.
  • public law entities with legal personality, linked to any government or dependent upon, including public universities < / span>.

The information subject to the transparency obligations published in the corresponding electronic sites or web pages a clear, structured and understandable to the stakeholders and preferably in reusable formats

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Right of access to public information

Derecho de acceso a la información pública

It is understood by the public information or documents, whatever their format or medium, in the possession of any of the subjects that make up the government and which has been produced or acquired in the exercise of their duties.

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may exercise their right of access to information all people, under the terms provided in Article 105.b of the Constitution españ.

Legal persons may likewise exercise their right of access.

Yes, but the right of access has limits when detrimental to:

  • National security
  • The defense.
  • The foreign relations.
  • The public safety.
  • The prevention, investigation and punishment of the criminal, administrative or disciplinary offenses.
  • The equality of the parties in court proceedings and effective judicial protection.
  • The administrative functions of monitoring, inspection and control.
  • The ycomerciales economic interests.
  • The economic and monetary policy.
  • Professional secrecy and intellectual property.
  • The guarantee of confidentiality or secrecy required in decision-making processes.
  • The protection of the environment.

    The application of the limits be justified and proportionate to its object and purpose to protect and serve the circumstances of the case, especially the occurrence of a public or private interests justifying access. < / p>

In cases where the application of any of the limits laid down in Article 14 does not affect the completeness of the information, be given the partial access previous omission of the information affected by the limit unless this results in a distorted information or meaningless. In this case, the applicant that some information has been omitted must be indicated.

Article 15 of the Act contains a number of rules:

  • If the requested information contained specially protected data to respect the paragraph 2 of Article 7 of Law 15/1999, of December 13, Protection of Personal Data , access may be authorized only if they were devoted to this the express written consent of the affected unless said had affected manifestly made public before data access is requested.
  • If this information includes specially protected data to respect the paragraph 3 of Article 7 of Law 15/1999, of December 13 , or data relating to the commission of criminal or administrative offenses conllevasen no public warning to the offender, access may be granted only if they count with the consent of the affected or that it was covered by a regulation having the force of law .
  • general , and except in the case prevails the protection of personal data or other constitutionally protected rights of the public interest in disclosure has been omitted, will be granted access to information containing identifying information merely related to the organization, operation or activity of the public body .
  • When the requested information did not contain specially protected data , the body to which the request is made sufficiently reasoned granted access upon the weight of public interest in disclosure and the rights of the affected data which appear in the requested information, in particular its fundamental right to protection of personal data law, taking into consideration the above criteria weighting provided for in the standard.

Presenting the application in the form established for this purpose:

  • preferably electronically through the Transparency Portal.
    The Transparency Portal allows exercise the right of access by accessing the section 'Information Request'.
    After logging electronically using the system Cl @ see, a form is displayed to conduct the inquiry.
  • in person:
    • In the records of the administrative bodies to which they are addressed.
    • In the registries of any administrative body that belongs to the Central Government, to any administration of the Autonomous Communities, to any administration of the Provincial Councils, Town Councils and Island Councils to the municipalities to which Article 121 of the Law 7/1985, of 2 April, regulating the Bases of Local Government, or the other entities that make up the Local Administration if he had signed the appropriate agreement, in this case, refers.
    • By mail.
    • In the diplomatic representations or consular offices of Eng; to abroad .

The applicant is not obliged to justify its request for access to information. However, you can expose the reasons for requesting the information and that may be taken into account when the decision is taken. However, lack of motivation alone will not be cause for rejection of the application.

If the application may be submitted by any means ensuring proper evidence of: the identity of the applicant, the information requested, a contact address, preferably electronic, for communication purposes and, If the mode you prefer to access the requested information.

Cl @ ve is an electronic identification system Public Administration makes available to citizens to facilitate relations with the government electronically.

This system, along with its ease of use, offers citizens maximum security guarantees as to the protection of information exchanged with the Administration.

To maximize flexibility in the mode of identification of the citizen, offers three possible ways:

  • Access through concerted key (username and PASSWORD a).
  • Access via e-ID.
  • Access electronic certificate.

    Through Cl @ see, the citizen may identify as both sign your application electronically.

    You can access more information about the Cl @ system looks at:

    www.clave.gob.es

Applicants for information may be addressed to the government in any of the official languages ​​of the State in the territory in which file the Administration in question.

inadmitirán is admissible in a reasoned decision, requests:

  1. that relate to information that is under development or general publication.
  2. referring to information that is ancillary or support as contained in notes, drafts, opinions, summaries, communications and internal or between administrative bodies or entities reports.
  3. Related to information whose disclosure reasons require a previous action reprocessing .
  4. Targeting a body in possession not holding the information when the competent is unknown.
  5. They are have a repetitive or manifestly unfair not justified for the purpose of transparency of this Act.

The citizen shall submit his claim to the body that holds the information to achieve greater efficiency in the answer.

If the request relates to information not held by the subject to which it is addressed, it will forward it to the competent, if known, and inform the applicant of this situation.

When the application does not sufficiently identify the information, the applicant is asked The concrete within ten days , indicating that, if not, he shall be withdrawn and the suspension of the period for issuing a decision.

In the event that, under the provisions of Articles 35 e) and 79 of Law 30/1992 of 26 November on the Legal Regime of Public Administration and Administrative Procedure common wish:

  • make submissions and produce documents or other evidence at any time in the previous procedure to hearing procedure to be considered by the body responsible for drafting the proposal for a resolution
  • claim processing defects and, in particular, those involving paralysis, infringement of mandatorily Ladies deadlines, winged or omission of steps that can be corrected before final resolution of the procedure for right of access

    can do so through the Common Electronic Register, which, when connected with the various ministerial departments, allows sending and receiving by the competent Ministry of the documentation you want to bring the person concerned in the proceedings right of access to information in question.

    Access to common electronic registration is available on the website of the General Access Point of the General State Administration ( https // sede.administracion.gob.es ) or directly through the url https://rec.redsara.es . Do not forget to put the matter in the number of application file access rights.

The citizen may check the status of your application by accessing the section 'What is the status of my application?' Transparency Portal. To do this, it must be electronically identified.

If the information requested could affect the rights or interests of third parties, duly identified, will be granted a period of fifteen days so they can perform the < span class = "textoNegrita"> arguments as appropriate. The applicant must be informed of this circumstance, as well as The suspension of the period for issuing a decision until the allegations have been received or the deadline for submission has elapsed.

The decision on whether to grant or deny access shall be notified to the applicant and affected third parties who have so requested in within one month of receiving of the application by the competent body to resolve .

The term may be extended by another month in the case of the volume or complexity of the information On request so require prior notification to the applicant .

Will motivated decisions denying access, which granted partial access or through a different modality to the requested and to allow access where there has been opposition a third . In the latter case, the person concerned shall clearly indicate that access will only take place when the term of Article 22.2 has elapsed.

When the mere indication of the existence of the information might lead to the violation of any of the limits on access this shall be indicated in the application dismissed.

After the deadline for resolving without which it was made and notified it is understood that the request has been rejected .

A judgment given in terms of access to public information may be appealed directly to the Administrative Jurisdiction , without prejudice to the possibility of discretionary filing of the claim provided for in Article 24 before the Council of Transparency and Good Governance . This claim replace administrative remedies in accordance with the provisions in Article 107.2 of Law 30/1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure.

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