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Charter of services of the General State Administration Transparency Portal

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Charter of services

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The Transparency Portal of the General State Administration (hereinafter Transparency Portal) is a web portal, dependent on the Ministry of Finance and Public Function, through which you can access:

  • Public information of the General State Administration as established by Law 19/2013 on Transparency, Access to Public Information and Good Governance (hereinafter LTAIBG) must be published.
  • Information on Open Government.
  • The exercise of the right of access to public information.

The subjective scope of the information published on the portal is as follows:

  • The General State Administration.
  • The managing bodies and the common services of the Social Security as well as the mutual insurance companies that collaborate with the Social Security.
  • Autonomous bodies, state agencies, public business entities Public law entities with their own legal personality, linked to or dependent on any of the General State Administration, including public universities.

Hereinafter, the reference to the General State Administration shall be understood to include the above three points.

The Transparency Portal does not contain specific information on Autonomous Communities, Local Entities, State Companies, Foundations and Constitutional bodies. These entities will publish their information on their respective websites and electronic offices.

The Transparency Portal arises from the LTAIBG.

Article 10 of the LTAIBG establishes that the General State Administration will develop a Transparency Portal, under the Ministry of the Presidency, which will facilitate citizens' access to all information included in active publicity.

The Transparency Portal depends on the Ministry of Finance and Public Function, through the Directorate General of Public Governance (State Secretariat of Public Function) and is managed in collaboration with the General Secretariat of Digital Administration (SGAD), which depends on the Ministry of Economic Affairs and Digital Transformation.

The information and services offered by the Transparency Portal can be accessed through the URL https://transparencia.gob.es.

It also offers information through the following social networks:

The commitments acquired through this Service Charter are in line with the general objectives of the service charters as established in Royal Decree 951/2005, of 29 July, which establishes the general framework for the improvement of quality in the General State Administration, as well as the strategic objective of managing the information of the General State Administration in a rational, fair and transparent manner, in accordance with the provisions of the LTAIBG.

The objectives of this charter are as follows:

  • To make active publicity information visible and to promote and facilitate the exercise of the right of access to public information held by the General State Administration.
  • Communicate responsibilities and commitments.
  • To raise awareness of citizens' rights in relation to these services and the responsibilities and obligations they have in receiving them.

2.1.- Public information service

  • Active advertising
  • Right of access

2.2.- Other information services

  • Open Government
  • Public participation in regulatory projects
  • Further information

2.3.- Newsletter subscription service

 

2.1.- Public information service

2.1.1.    Active advertising

This section contains institutional, organisational and planning information, information of legal relevance, as well as economic, budgetary and statistical information (articles 6, 6bis, 7 and 8 of the LTAIBG). This information is collected in information elements for which a triple taxonomy has been established: by subject, by articles of the LTAIBG and by ministries. The classification by subject matter is the one preferentially used. 

The subjects are:

  • Organisation and Public Employment
  • Senior Officials
  • Planning and Statistics
  • Regulations and Other Provisions
  • Contracts, Agreements and Grants
  • Información Económico-Presupuestaria

In addition to the obligations established in the LTAIBG, information that is considered to be of interest to citizens is also offered under the heading of "More Transparency".

This is the list of the elements of information required by the LTAIBG distributed by subject:

Organisation and Public Employment

  • Functions
  • Implementing legislation
  • Structure and organisation charts
  • Information on compatibility decisions for public employees
  • Register of Treatment Activities

Senior Officials

  • Curriculum vitae
  • Remuneration
  • Authorisations to carry out private activities following the departure of senior officials
  • Allowances received by senior officials after leaving office

Planning and Statistics

  • Plans and programmes
  • Reports and statistics

Regulations and Other Provisions

  • Annual regulatory plan
  • Public participation in regulatory projects
  • Standards in the pipeline
  • Standards with finalised processing
  • Guidelines, instructions, agreements, circulars
  • Public information: other documents

Contracts, Agreements and Grants

  • Contracts
  • Contract statistics
  • Agreements and orders
  • Subsidies

Información Económico-Presupuestaria

  • General State Budget
  • Budgetary execution
  • Budgetary stability
  • Audit reports
  • Annual accounts
  • Real estate

 

2.1.2.    Right of access to public information

Through the specific page of the Transparency Portal dedicated to the right of access (https://transparencia.gob.es/transparencia/transparencia_Home/index/Derecho-de-acceso-a-la-informacion-publica.html) all persons can exercise their right of access to public information held by the General State Administration, as well as consult all their requests submitted.

In order to exercise this right, as this is an administrative procedure, in accordance with the LTAIBG, it is necessary to identify oneself and for this purpose a double option is provided: to do so through the Cl@ve platform or by means of an access code system.

The application form for access to public information can also be downloaded for subsequent submission at a registry assistance office, or by any of the means established in article 16 of Law 39/2015, of 1 October, on Common Administrative Procedure for Public Administrations. The complete list of services offered in this section are:

  • Request for public information
  • Check the status of your application
  • Validating your document
  • Provide access code to initiate a request for public information
  • Decisions denying the right of access

You can also access the following information:

  • Right of access data
  • Citizen's Guide
  • Basic guide to processing applications for access to public information
  • Access to the resolutions of the Council for Transparency and Good Governance (CTBG)
  • Jurisprudence on transparency (source CTBG)

 

2.2.  Other information services

2.2.1.    Open Government

Open Government is a more transparent, collaborative, ethical and accountable form of government governance. It involves greater citizen participation in the public affairs that matter to them.

The information that can be accessed is:

  • Current events
  • What is it and how is it organised?
  • Information from the Action Plans
  • Open Government Forum
  • Awareness raising and training

 

2.2.2.    Public participation in regulatory projects

Access to the space for public participation in regulatory projects, both for prior public consultation and for the hearing and public information process in the process of drafting regulations of the General State Administration.

 

2.2.3.    Further information

This section has been included to bring together important information on transparency that could not be included in any of the previous sections.

  • What is the Transparency Portal?
  • Transparency Law
  • Charter of services
  • Transparency Information Units
  • The Portal in numbers
  • Transparency News
  • Transparency in Public Institutions and other Public Administrations
  • Reports of Interest
  • Information on data protection
  • Information on the Council for Transparency and Good Governance
  • Information on COVID19 (conjunctural)

 

2.3.    News subscription service

Every week, a newsletter is produced with information on the latest news and reports of interest from the different ministries published on the Transparency Portal.

For this purpose, a subscription service has been set up by simply providing an e-mail address. Citizens are also offered the possibility of unsubscribing from the service if they consider it appropriate.

All persons have the right to access public information, under the terms provided for in Article 105.b) of the Spanish Constitution and other State laws.

  • Be informed of active advertising obligations
  • Recibir información sobre el servicio que se presta
  • Exercising the right of access to public information
  • Receive equal and non-discriminatory treatment in access to public information.
  • Obtain the requested information in an efficient manner and within the established legal terms.
  • Receive truthful and transparent information

Citizens and users of the Transparency Portal can participate in its management through the following means:

The services offered by the Portal and the rights of individuals set out in this Charter shall be provided in accordance with the following quality commitments:

6.1.- Updating public information

The information contained in the Portal will be updated, depending on the type of information:

  • Centralised: within a maximum of 5 working days from the date of receipt of the data by the information source, for non-automated updating information items.
    Target: 95 % compliance in all cases.
  • Decentralised. For information whose origin is published in the Official State Gazette, the information shall be updated as follows:
    • Service charters: no later than 30 calendar days after publication.
    • CV: no later than two months after publication.
    • Remuneration of senior officials, to be updated in the first month of the following year.Target: 95% compliance, except for Curriculum which will be 90%.
  • Decisions denying the right of access will be published quarterly on the Transparency Portal, within 35 working days from the end of each quarter.
    Target: 95% compliance in all cases.

6.2.- Updating of other information services

Publication of statistics on the use and activity of the Transparency Portal.

The monthly statistics on the activity of the Transparency Portal of the AGE will be published on the page "The Portal in figures" within 15 working days following the end of the month.

Target: 95 % compliance.

6.3.- News subscription service

Every week (preferably on Fridays) the newsletter will be emailed to subscribers.

Target: Newsletter sent out 100 % of the weeks.

6.4.- Quality commitments in the different communication channels

Incidents, comments, suggestions or opinions regarding each of the channels available to users will be processed:

  • Incidents and comments through the incident management tool (Transparency Portal): within a maximum of 5 working days.Target: 95% compliance.
  • Comments, suggestions or opinions received through the "Your opinion counts" form: within a maximum of 5 working days.Target: 95% compliance.

In order to be able to check the level of compliance with the objectives outlined above, the following indicators are established for the services offered by the Transparency Portal Basic quality indicators

  • Centralised information. Percentage of centralised information published within 5 working days from the date of receipt of the data by the information source.
  • Decentralised information.
    Service charters: percentage of information published within 30 calendar days of publication in the Official State Gazette.
    Curriculum: percentage of the information published within 2 months of its publication in the Official State Gazette.Remuneration of senior officials: percentage of information updated within January of the following year.
  • Percentage of refusals published quarterly on the Transparency Portal within 35 working days of the end of each quarter.
  • Percentage of monthly statistics on the use and activity of the Transparency Portal published within 15 working days after the end of the month.
  • Monthly percentage of weeks in which the newsletter has been sent to subscribers.
  • Monthly percentage of weeks in which incidents and comments through the incident management tool (Transparency Portal) have been handled within 5 working days.
  • Monthly percentage of comments, suggestions or feedback received through the "Your opinion counts" form handled within 5 working days.

8.1.- Ethical commitment of staff

The staff who manage and attend to the channels of the Transparency Portal assume as ethical values of public service equal treatment and non-discrimination of people, integrity, neutrality, impartiality, transparency in their management, responsiveness, responsibility and service to citizens.

Furthermore, in the course of their daily work, they shall ensure that users are treated with respect and with the utmost consideration in accordance with the principles of maximum assistance, minimum inconvenience, confidentiality, trust, efficient action and personalised treatment. These values will be taken to the extreme when caring for people with disabilities, the elderly, foreigners and women who are victims of gender-based violence.

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8.2.- Measures to ensure accessibility for persons with disabilities

The Transparency Portal (http://transparencia.gob.es) is partially compliant with Royal Decree 1112/2018 of 7 September on accessibility of public sector websites and mobile applications, transposing Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016. The accessibility statement is available on the portal itself:

https://transparencia.gob.es/transparencia/transparencia_Home/Utilidades/Accesibilidad.html

The Transparency Portal has an information quality assurance system, the purpose of which is to update the information contained therein.

The updating of information will vary according to the information item concerned and its form of provision.

The information item is the basic unit of information published on the Transparency Portal. It can be:

  • Centralised, single source of information. These data elements are provided to the Transparency Portal through different file exchange formats
  • Decentralised, various sources of information (ministries and regulatory bodies). In this case, the Transparency Information Units are responsible for updating the information in the Transparency Portal databases
  • Static, HTML pages created in the content management system

The information elements that are centralised are the following:

  • Resolutions on the compatibility of public employees
  • Job descriptions
  • Authorisations for the exercise of private activity after the cessation of high-level posts
  • Allowances received by senior officials after leaving office
  • Standards in the pipeline
  • Regulations with finalised processing
  • Contracts
  • Contracts based on Framework Agreements
  • Agreements and orders
  • General State Budget
  • Budgetary execution
  • Budgetary stability
  • Audit reports
  • Real estate

The decentralised information elements are as follows:

  • Register of Treatment Activities
  • Curricula vitae
  • Remuneration of senior officials
  • Plans and programmes
  • Reports and statistics
  • Service charters
  • Public participation in policy processes
  • Guidelines, instructions, agreements, circulars

Those under the "More Transparency" headings are linked directly to the reference websites.

In order to guarantee the quality management of the information quality of the information elements of the Transparency Portal, a system of coordination with the Transparency Information Units located in each of the ministerial departments is articulated.

Static information would include the information contained in the following sections:

  • Open Government
  • Citizen participation
  • More information

In the event of non-compliance with any of the commitments made in the letter, the head of the Directorate-General for Public Governance will send a letter of apology, communicating the measures taken to correct the deficiency observed.

Claims for non-fulfilment of commitments shall be addressed to the Unit responsible for the Charter of Services. To do so, the user may submit a complaint or claim by any of the methods set out in article 16.4 of Law 39/2015, of 1 October, on Common Administrative Procedure for Public Administrations or by email to the holder of this service charter, specifying the commitment that is considered to have been breached, as well as the facts or circumstances that in their opinion have led to said breach, addressed to the Subdirectorate General for Transparency and Citizen Services C/ Manuel Cortina, 2, sixth floor or by email: sgtac@correo.gob.es.

Claims for non-compliance with commitments established in the Charter shall in no case give rise to the financial liability of the Administration, regulated in article 67 of Law 39/2015, of 1 October, on the Common Administrative Procedure of the Public Administrations and articles 32 and following of Law 40/2015, of 1 October, on the Legal Regime of the Public Sector.

11.1.- Presentation

You may submit complaints or suggestions regarding this service charter or its compliance with the applicable regulations (Royal Decree 951/2005, of 29 July, which establishes the general framework for quality improvement in the General State Administration) by the following means:

  • Written statement submitted in the manner provided for in article 16.4 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations and addressed to the Subdirectorate General for Transparency and Citizen Services (C/ Manuel Cortina 2, 6th floor, 28010, Madrid).
  • At the electronic headquarters of the Ministry of Finance and Public Function (https://sedeminhap.gob.es) system that requires the use of an electronic signature.
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11.2.- Deadlines for replies

In accordance with the provisions of the aforementioned Royal Decree, the unit responsible for managing complaints and suggestions has a period of 20 working days to respond to them and specify the corrective measures to be adopted.

to submit, within 10 working days, any clarifications necessary for the proper processing of the application.

If the citizen has not received a reply from the Administration within the established period, he/she may contact the General Inspectorate of the Ministry of Finance and Public Administration to find out the reasons for the lack of reply and for the said Inspectorate to propose, where appropriate, the adoption of the appropriate measures to the competent bodies.

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11.3.- Effects

Under no circumstances shall the complaints made be classified as administrative appeals, nor shall their presentation interrupt the time periods established by the regulations in force. These complaints in no way condition the exercise of the remaining actions or rights that, in accordance with the regulations of each procedure, may be exercised by those persons who consider themselves to be interested in the procedure.

The postal, telephone and telematic addresses of the unit responsible for managing the Transparency Portal are as follows:

  • Hotline: Direct access telephone number: 060
  • Attention on the Transparency Portal: https://transparencia.gob.es
    • Suggestion box
    • Portal Incident Mailbox
  • Social media:
    • Twitter @transparencia_e
    • Youtube: Portal de Transparencia – España
  • Attention by post:
    • Subdirección General de Transparencia y Atención al Ciudadano (C/ Manuel Cortina 2, 6ª planta, 28010, Madrid)

The unit responsible for the Charter of Services of the Transparency Portal of the General State Administration is the Subdirectorate General for Transparency and Citizen Services (SGTAC), which reports to the Directorate General for Public Governance (DGGP), within the Ministry of Finance and Public Administration. This unit will be in charge of ensuring compliance with the commitments proclaimed in the Charter and of promoting the relevant improvement actions.

The address is: C/ Manuel Cortina, 2 (28071 Madrid). The unit responsible for the Charter, in addition:

  • It will promote the plan for updating information
  • It will respond to suggestions and complaints from citizens.