2004 freedominfo.org Global Survey Results - Spain
Text from the freedominfo.org Global Survey: Freedom of Information and Access to Government Records Around the World, by David Banisar (updated 12 May 2004)

Article 105 of the 1978 Constitution states:

The law shall regulate . . . b) access by the citizens to the administrative archives and registers except where it affects the security and defense of the State, the investigation of crimes, and the privacy of persons. (1)

The 1992 Law on Rules for Public Administration provides for access to government records and documents by Spanish citizens. (2) It also includes rules for access of persons in administrative proceedings. The provisions on access were included to implement the 1990 EU Access to Environmental Information Directive. The documents must be part of a file which has been completed. Agencies must respond in three months.

Documents can be withheld if the public interest or a third party's interest would be better served by nondisclosure or if the request would affect the effectiveness of the operations of the public service. Access can also be denied if the documents refer to government actions related to constitutional responsibilities, national defense or national security, investigations, business or industrial secrecy or monetary policy. Access to documents that contain personal information are limited to the persons named in the documents. There are also restrictions for information protected by other laws including classified information, health information, statistics, the civil and central registry, and the law on the historical archives.

Denials can be appealed administratively. The Ombudsman can also review cases of failure to follow the law. (3) The Ombudsman recommended in 2002 that agencies make access with 15 days for files for with an interest and 30 days for general access and not overuse the exception on effectiveness of the public administration. (4)

Government bodies are also required to maintain a registry of documents and publish acts and decisions.

Spain signed the Aarhus Convention in June 1998. Law 38/1995 on the right of access to information relating to the environment implements the 1990 EU Access to Environment Directive. (5) It was adopted after the European Commission found that the Law on Public Administration was not adequate and started infringement proceedings against Spain in 1992.

The Data Protection Act allows individuals to access and correct records about themselves held by public and private bodies.(6) It is enforced by the Data Protection Agency. (7)

Notes

1. Constitution of Spain, 1992, http://www.spainemb.org/information/constitucionin.htm

2. Ley 30/1992, de 26 de Noviembre, de Régimen Jurídico de las Administraciones Públicas y del Procedimiento Administrativo Común, http://www.juridicas.com/base_datos/Admin/l30-1992.html. Modified by ley 4/99, de 13 January 1999.

3. Homepage: http://www.defensordelpueblo.es/index.asp

4. Annual Report 2002.§ 3.3.1.2.

5. See http://www.mma.es/normativa/legis/138-1995.htm

6. Organic Law 15/1999 of 13 December on the Protection of Personal Data. https://www.agpd.es/upload/ley_15_ingles_v2_pdf.pdf

7. Homepage: https://www.agpd.es/index.php?idSeccion=8