What is the right of access to public information?
It is the right to access public information in the terms provided in the Constitution article 105.b), being understood as public information the contents or documents, whatever their support or format, that are held by the Administration and have been Elaborated or acquired in the exercise of their functions.
Who can access the public information?
All persons have the right to access public information, without obligation to motivate the request or give reasons of their interest.
Can you ask any information?
The right of access to information is subject to certain limits that aim to protect other legal assets that may be unprotected if the information is given. That is, limits exist to protect information that should not be public because, if it were, it could harm a person or the public interest.
These limits are assessed in articles 14 and 15 of Law 19/2013, of December 9, on Transparency, Access to Public Information and Good Governance, and are as follows: national security; the defense; External relations; Public security; Prevention, investigation and punishment of criminal, administrative or disciplinary offenses; The equality of parties in judicial proceedings and effective judicial protection; The administrative functions of surveillance, inspection and control; Economic and commercial interests; Economic and monetary policy; Professional secrecy and intellectual and industrial property; The guarantee of confidentiality or the secrecy required in decision-making processes; The environmental protection.
How are the limits applied?
The body to which information is requested whose publication considers that it may prejudice any of the limits should assess whether, in fact, damage occurs if that information is provided.
Why is there protection of personal data?
If the information requested contains specially protected data, access may only be authorized in the event of the express written consent of the person concerned.
How can information be accessed?
Is access free?
The right of access to the requested information is free, in the place where such information is found, or if it requests its delivery by electronic means.
The issuance of copies or the transposition in a format different from the original may lead to the requirement of public fees or prices.
What is partial access?
In cases in which information is requested in which part of the same is subject to some cause of limit of the right, the application will be partially admitted and the information that has been omitted will be indicated to the applicant.
What can a citizen who is denied information do?
If the response period does not receive a reply, it can directly submit an appeal to the competent body of the contentious-administrative jurisdiction (within two months).
In the following link you can file a Complaint to the Transparency and Good Governance Council: TGGC Complaints Form