What article of the LTBG refers to the establishment of the transparency portal?

Article 10 of the law of transparency, access to public information and good governance (LTBG) provides for the establishment of the Transparency Portal. This portal, initially under the ministry of the presidency, aims to facilitate public access to information relevant to the General state administration.

With the new organizational structures of ministerial departments, in particular theRoyal Decree 210/2024, of 27 february, the transparency Portal now reports to the minister for Digital Transformation and the civil service and is managed by the department of Public Governance, that part of the state secretariat for Public service.

What scope administrative has the General state administration?

The General state administration comprises:

1. The Organization, which integrates Central ministries and common services.
2. The Territorial Organization.
3. The General state administration abroad.

What is the transparency Portal of the General state administration?

The transparency Portal of the General state administration is a web site managed by the ministry for the Digital Processing and the civil service. In this portal is published information on the administrative organizations, issues of integrity, open government and civic participation, as well as the information that the Transparency law needed to be public. Moreover, the portal allows citizens to seek access to information that is not available in the same.

What administrative Area covered by this Portal?

This Portal publishes information about:

• The General state administration: ministries
• The entities and common services of Social security. Includes collaborating mutual Social security.
• Autonomous agencies, state agencies, public entities and business entities of public law, with functional independence or a special autonomy law are regulated or functions of an external monitoring on a particular sector or activity.
• The public law entities with own legal personality, linked to any of the public administrations or dependent on them, including public universities.

The Portal contains no specific information of Autonomous Communities, Local Bodies, Corporations, foundations and Constitutional Bodies. These entities issued its information on their own websites and electronic headquarters.

How are associated electronics the headquarters of the Portal of transparency?

It had established the Electronic Branch of the Portal of transparency throughOrder TFP/303/2019, of 12 march,by establishing the Electronic Portal Subsidiary Offices of Works and the Portal of transparency, such as electronic headquarters arising from the electronic site General access point to the General state administration.

After the publication of theRoyal Decree 203/2021, of 30 march, which approves the regulations and functioning of the public sector, the branch was renamed associated electronic site.

What characteristics?

• Shall include information of all ministerial departments and agencies associated and dependent and enable the public access to public information provided under the act of transparency through an application.
• Email address of headquarters will be associated electronics the https :// sede.transparencia.gob.es/
• The state secretariat for Public Service will be responsible for the associated electronic site.
• Channels of access to services available:
  • The electronic: Access through the electronic site Access point in Generaladministracion.gob.es. itselfassociated electronics the headquarters of the Transparency Portal.
  • Internship application by submitting a request to be identified, in:
    • - Post offices.
    • - The records of the competent administrative bodies or any administrative body that belongs to:
      • the General state administration,
      • the autonomous communities,
      • the Provincial Councils, and Island Councils,
      • the municipalities that are referred to in article 121 of the law 7/1985 of 2 april, which regulates the basis of Local Regime, or
      • the rest of Local administration organizations with the convention.
    • - In the spanish diplomatic offices or consulates abroad.
  • Telephone services, the departmental information, on the phone 060.
• Means to make suggestions and complaints: Electronic, via the access point.
• The electronic site will allow all identified persons exercise their right of access to public information produced or acquired by an organ or entity in the exercise of their functions or powers.
• The state agency for Digital Administration is responsible for the technological management of the branch Royal Decree 210/2024, of 27 february, establishing the basic organizational structure of the ministry for the Digital Processing and the civil service.
• The state secretariat for Public Service shall be responsible for the management, content and services related to the electronic site. This responsibility shall be in accordance with the competences under the applicable legislation.

What are their specific contents?

• Request for access to public information.
• Consultation of the status of applications.

What regulates the law of transparency?

• Public information: The act establishes what information should publish the Public administrations.
• Request for information: Explains how citizens can request information from public administrations.
• Rules of good governance: defines the rules by which the people responsible in the exercise of their functions.

What comprises the public authorities?

They are Public Administrations: the General state administration, the administrations of the Autonomous Communities, the constituent entities of the Local administration, as well as public bodies and public law entities connected with or dependent on them.

What is the public Sector?

The public sector includes:

• The General state administration.
• The administrations of the Autonomous communities.
• The constituent entities of the Local administration.
• The public sector institutional. To turn the public sector institutional consists of:
  • Any public bodies and entities under public law associated or dependent on public administrations.
  • The private law entities linked or dependants of public administrations which will be subject to the law that specifically directed at the same, in particular to the principles laid down in article 3, and in any case, when exercising administrative powers.
  • The public universities shall be governed by specific legislation and by the supplementary estimates to the present Law.

What entities are obliged to publish and to provide information?

Are required to comply with the LTBG:

• the public authorities,
• the constitutional bodies (including the home of his majesty the king) and its equivalents in the autonomous community level,
• the Foundations of the public Sector,
• the partnerships formed by public administrations or
• companies with public participation.

All of them are obliged to publish the information that the LTBG mentioned, and they respond to requests for information that present citizenship, provided that the information requested is not within the limits that stable article 14 of the law on Transparency and does not affect the protection of personal data.

Private entities, such as political parties, trade unions and other organizations that receive public aid, should disclose the information required by the law of transparency, access to public information and good governance (LTBG).

In addition, the transparency Portal will be issued the information of the General state administration requesting more often.

What is the advertising Active?

Active advertising is the information that the transparency act to publish obliges public authorities. This information should be updated. The place where you put it in the transparency Portal.

Active Advertising in the transparency Portal (PT) is organized in two ways: in six subjects and in three categories defined by the law of transparency.

The issues are:

• Organization and public employment
• Senior officials
• Planning and statistics
• Legislation and other arrangements
• Contracts, agreements and subsidies
• Económico-presupuestaria information

The categories are:

• Institutional information, organizational and planning
• Legally irrelevant information
• Económico-presupuestaria information and statistics

The basic information of advertising active are the elements of information.

What information is posted on the website?

The LTBG notes the information has to publish, what is known as Active Advertising, but is also published other information that is not binding and is referred to as “ greater transparency ”:

Organization and public employment

An obligatory reporting requirement

• Functions of the ministries and agencies (Functions).
• Implementing legislation (implementing legislation).
• Organizational structure of ministries (Structure).
• Compatibility of employees and public employees (Compatibilities).
• Opening of national data processing (register of treatment).

More transparency

• Foreign jobs (jobs).
• Public sector bodies governmental institutional (public Sector).
• Public job of the General state administration (public job).
• Oppositions and calls for public employment (Opposition).
• Conventions and agreements on working conditions (working conditions).
• Code of conduct for public employees and public employees (code of conduct).
• Statistical bulletin of staff in the service of the administration (personnel statistics).
• Emoluments of staff of local entities (Pay EE.LL.).
• Publicity of the officers of negotiation (bargaining tables).

Senior officials

An obligatory reporting requirement

• Curricula vitae of senior officials (Cvs).
• Salaries of senior officials (Remuneration).
• Licences for private activity after the cessation (private activity).
• Compensation paid after the abandonment of the office (Compensation after cessation)

More transparency

• Principles of good governance.
• Reports of fulfilment of obligations (Fulfilment of obligations).
• Declarations of assets and property rights (declarations of assets).
• Agendas of senior officials (Agendas).

Planning and statistics

An obligatory reporting requirement

• Plans and programmes.
• Reports and statistics of interest (reports and statistics).

General framework for improving the quality

• Global reports of the general framework of the quality (Quality in the AAPP).
• Letters of services and programmes of various ministries to improve the quality (letters of services).
• Awards and certifications.

Legislation and other arrangements

An obligatory reporting requirement

• Annual Plan policy
• In handling standards
• Guidelines, instructions

Participation rules

• Policy
• Documents submitted to public information

More transparency

• Finished with handling standards

Contracts, agreements and subsidies

An obligatory reporting requirement

• Contracts concluded by the General state administration (Contracts).
• Statistics of contracts
• Conventions and packages
• Grants

More Transparency

• Contracts framework agreements
• Subsidies to parties
• Grant schemes
• Orders to their own

Económico-presupuestaria information

An obligatory reporting requirement

• General state budget (general budget).
• Information on the implementation of the general state budget (budget execution).
• Information on the activity económico-financiera public administrations (budget stability).
• Reports of the court of auditors (monitoring).
• Annual accounts and audit reports of the General state administration (annual accounts).
• Real property whose ownership is of the General state administration (real property).

More transparency

• Accounts of results of profit and loss (positive).
• Ceiling financial expenditure is not approved (ceilings for spending).
• Extra credits, supplements or amendments to the credit (extra Credits).
• Period of payment of suppliers (payment of suppliers).
• Public debt management (public debt).
• Statistical information for tax nature (tax Statistics).

Is there any restriction to the publication of information?

YES. It must verify whether the publication really affects the limits established by law of transparency. If it comes to personal data, will tell whether be omitted from the document.

What can i do if i cannot find the information in the PT desire?

In principle, the most relevant to the citizen and most requested will be available in the PT so accessible interoperable, reusable. If the person concerned need more information that the published or a more detailed, then, may exercise the right of access to public information requesting it through the PT.

What can i do if you believe that it complies with the obligations of transparency and is not published certain information?

In this case, may lodge a complaint to the transparency and good governance, as the agency responsible for ensuring compliance with the law of transparency.

What is the right of access to public information?

It is the right of access to public information as article 105.b) of the constitution.

What is the public information?: the contents or documents in whatever support or format, which were in the power of the administration and that have been developed or acquired in the exercise of their functions.

For more information on the right of access seeCitizen's guide. Right of access

Is it possible to request any information?

The right of access to information has certain limits to safeguarding other rights and legal rights. These limits are in place to prevent the disclosure of information that could damage a person or the public interest.

These limits are taxed in the law and are as follows:

• The national security
• The defence
• The foreign affairs
• Public security
• The prevention, investigation and punishment of criminal offences, administrative or disciplinary
• The equality of parties in judicial processes and effective judicial protection
• The administrative functions of monitoring, inspection and control
• The economic and commercial interests
• Economic and monetary policy
• Professional secrets and intellectual and industrial property
• The guarantee of confidentiality or secrecy required in decision-making processes
• Environmental protection

How are the limits?

The body that receives a request for information must evaluate whether the publication of this information could cause damage, considering the legal limits.

Why is there any protection of personal data?

If the requested information contains data especially protected, only be allowed access with the express written permission of the person concerned.

What is the partial access?

If requested information, including data subject to limits of law, be accepted in part the application and communicated to the applicant on the information that has been omitted.

What can a citizen who is denied information?

Can complain to the transparency and good governance, independent body responsible for ensuring proper implementation of the provisions of the act.

For more information on the right of access to public information, see the guidelines for The citizen. Right of access.

What is the transparency and good governance?

The council of the transparency and good governance is an independent administrative authority.

Linked to the General state administration through the ministry for the Digital Processing and the civil service.

The council of the transparency and good governance is intended to:

• to promote transparency of public activity,
• ensure the implementation of the obligations of publicity,
• safeguard the exercise of right of access to public information and
• ensure compliance with the norms of good governance.

The Council has legal personality and full capacity to act. It Acts with full autonomy and independence in order to fulfil its purposes.

The Council Is responsible for the transparency Portal?

No, it is the General directorate of Public Governance of the ministry for the Digital Processing and the civil service.