Guide to exercising the right of access

It is the platform, dependent on the Ministry for Digital Transformation and the Public Service, through the General Directorate of Public Governance, through which the information of the General Administration of the State provided for in the Law can be accessed, whose knowledge is relevant to guarantee the transparency of its activity related to the operation and control of public performance. It will also contain the information that people most frequently request in the exercise of the right of access to public information and the previously anonymized resolutions denying the right of access.

A set of entities that make up the Public Administrations in particular:

• La General Administration of the State.
• Las managing bodies and common social security services and the social security collaborators.
• Los autonomous bodies, State Agencies, public bodies and public law entities which, with functional independence or with a special autonomy recognized by law, They have regulatory or supervisory functions of an external nature over a certain sector or activity.
• Las public law entities with its own legal personality, linked to any of the Public Administrations or dependent on them, including Public Universities.

The information subject to the transparency obligations is published in the corresponding electronic sites or web pages in a clear, structured and understandable manner for the persons concerned and, preferably, in reusable formats.

Public information is understood to mean the contents or documents, whatever their format or support, that are in the possession of any of the people that make up the Public Administrations and that have been prepared or acquired in the exercise of their functions.

All persons may exercise their right of access to information, in the terms provided in article 105.b of the Spanish Constitution.

Legal persons may also exercise their right of access.

YES, but the right of access has limits when it damages:

• The national security.
• The defense.
• The external relations.
• The public safety.
• The prevention, investigation and punishment of criminal, administrative or disciplinary offences.
• Equality of the parties in judicial proceedings and effective judicial protection.
• The administrative functions of surveillance, inspection and control.
• Economic and commercial interests.
• The economic and monetary policy.
• Professional secrecy and intellectual and industrial property.
• The guarantee of confidentiality or secrecy required in decision-making processes.
• The protection of the environment.

The application of the limits shall be justified and proportionate to their object and purpose of protection and shall take into account the circumstances of the specific case, especially the concurrence of a higher public or private interest justifying access.

In cases where the application of any of the limits provided for in Article 14 does not affect all the information, the partial access prior omission of the information affected by the limit unless it results in distorted or meaningless information. In this case, the person must indicate which part of the information has been omitted.

Article 15 of the Act contains a number of rules:

• If the requested information contains personal data revealing ideology, trade union membership, religion or belief, el acceso únicamente se podrá autorizar en caso de que se contase con el express and written consent of the person concerned, unless said personit would have manifestly made public the data prior to the request for access.
• If the information is included personal data relating to racial origin, health or sex life, including genetic or biometric data or containing data relating to the commission of criminal or administrative offences which do not entail a public warning to the offender, access can only be authorised if there is a the express consent of the person concerned or if that person is covered by a rule with the rank of law.
• With general character, and unless in the specific case the protection of personal data or other constitutionally protected rights prevails over the public interest in the disclosure that prevents it, access to information containing purely identifying data relating to the organisation, operation or public activity of the body shall be granted.
• When the requested information Does not contain specially protected datathe body to which the request is addressed shall grant access after a sufficiently reasoned weighting of the public interest in the disclosure of the information and the rights of the persons concerned whose data appear in the information requested, in particular their fundamental right to the protection of personal data, taking into consideration for the said weighting certain criteria provided for in the rule.

Submitting the application in the form established for this purpose:

• Preferably electronically through the Transparency Portal.
  The Transparency Portal allows you to exercise the Right of Access by accessing the section 'Request information'.
  After being identified electronically using the Cl@ve system or with user and password, a form will be displayed to carry out the request for information.
• You can also do it in person:
  • In the electronic register of the Administration or Agency to which they are addressed, as well as in the remaining electronic registers of any of the other subjects required by the law of transparency.
  • In the post offices.
  • In the diplomatic representations or consular offices of Spain abroad.
  • In the Records Assistance Offices.
  • In any other that establishes the current provisions.

The applicant is not obliged to motivate his/her request for access to the information. However, you will be able to state the reasons why you request the information and which may be taken into account when the resolution is issued. However, the lack of motivation alone will not cause the application to be rejected.

Yes, the request may be submitted by any means that allows to have proof of: the identity of the person, the information requested, a contact address, preferably electronic, for the purposes of communications and, where appropriate, the preferred way to access the information requested.

Cl@ve is an electronic identification system that the Public Administration makes available to people to facilitate the relationship with the Administrations by electronic means.

This system, in addition to its simplicity of use, offers people maximum security guarantees in terms of the protection of the information exchanged with the Administration.

In order to make the way of identifying people as flexible as possible, three possible means are made available to you:

• Access by means of concerted keys (user and password).
• Access via DNI-e.
• Access with electronic certificate.

Through Cl@ve, all people will be able to both identify themselves and sign their application electronically.

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

clave.gob.es.

Persons requesting information may address the Public Administrations in any of the official languages of the State in the territory in which the Administration in question broadcasts.

Applications shall be inadmissible for processing, by means of a reasoned decision, as follows:

• that refer to information that is being processed or of general publication.
• Referring to information of an auxiliary or supporting nature como la contenida en notas, borradores, opiniones, resúmenes, comunicaciones e informes internos o entre órganos o entidades administrativas.
• Concerning information for which disclosure one is needed prior reprocessing action.
• Directed to an organ in whose power don't worry about information When the competent is unknown.
• Que sean manifestly repetitive or abusive in nature not justified for the purpose of transparency of this Law.

All individuals should direct their requests to the body in possession of the information in order to achieve greater efficiency in the response.

If the request relates to information that is not in the possession of the person to whom it is addressed, the latter shall forward it to the competent person, if aware of it, and inform the requesting person of this circumstance.

When the request does not sufficiently identify the information, the applicant person will be asked that La Concrete within ten days, indicating that, if it does not do so, it will be deemed to be abandoned, as well as the suspension of the time limit for issuing a resolution.

in the event that, by virtue of the provisions of Articles 53.1.e) and 76 of the Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, want to:

• To make claims, to use the means of defence allowed by the Legal System, and to provide documents at any stage of the procedure prior to the hearing procedure, which must be taken into account by the competent body when drafting the motion for a resolution.
• To allege the defects of processing and, in particular, those that imply paralysis, violation of the prescribed deadlines or the omission of procedures that can be corrected before the final resolution of the matter. Such allegations may give rise, if there are reasons for so doing, to the requirement of appropriate disciplinary responsibility.

It can do so through the General Electronic Registry of the AGE (REGAGE), which, being connected with the different ministerial departments, allows the sending and receiving by the competent Ministry of the documentation that the interested person wants to provide in the procedure of right of access to the information in question.

Access to the common electronic register is available at the electronic headquarters of the General Access Point of the General Administration of the State (https://sede.administracion.gob.es) or directly via the URL of the REGAGE. Don’t forget to put in the subject the file number of the application for the right of access.

Anyone can check the status of their request by accessing the "My files" section of the electronic headquarters of the Transparency Portal. To do this, you will need to identify yourself electronically.

If the information requested could affect the rights or interests of third parties, duly identified, they will be granted a period of fifteen days so that they can perform allegation Let them consider it appropriate. The applicant must be informed of this circumstance, as well as of the suspension of the time limit for issuing a decision until the allegations have been received or the deadline for their submission has passed.

The decision granting or denying access must be notified to the applicant and to the affected third parties who have requested it in the maximum period of one month from receipt of the application by the competent body to resolve.

This deadline may be extended for another month in the event that the volume or complexity of the information requested makes this necessary and after notification to the person requesting.

Sera Motivated by the resolutions that deny access, those that grant partial access or through a modality different from the one requested and those that allow access when there has been opposition from a third person. In the latter case, the requesting person shall expressly indicate that access will only take place when the term of Article 22.2 has elapsed.

When the mere indication of the existence or not of the information supposes the violation of any of the limits to access, this circumstance will be indicated when the request is dismissed.

Once the maximum period for resolving the case has elapsed without the issuance and notification of an express decision, the application shall be deemed to have been dismissed.

Decisions issued on access to public information are subject to appeal. directly before the Contentious-Administrative Jurisdiction, without prejudice to the possibility of Interposition of the Potestative Claim provided for in Article 24 of Law 19/2013 on Transparency to the Council on Transparency and Good Governance. This claim replaces administrative remedies in accordance with Article 112.2 of the Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.