Public information requests

The Law 19/2013, of December 9, on transparency, access to public information and good governance , regulates and increases the transparency of the activity of all subjects that provide public services or exercise administrative powers from two perspectives: active advertising and the right of access to public information for all.

With reference to active advertising, Law 19/2013 establishes in article 5, the periodic and updated publication of the information that is relevant to guarantee the transparency of the activity related to the operation and control of public action. . Likewise, in order to channel the large volume of information and facilitate compliance with active advertising obligations, the Law contemplates the creation and development of a Transparency Portal .

Regarding the right of access to public information, Law 19/2013 in Chapter III, broadly configures said right, which is owned by all people and can be exercised without the need to motivate the request, with the limitations in those cases that are necessary due to the nature of the information or because it conflicts with other protected interests.

Any natural person can request it:

• On an individual basis and in her own name.
• In representation and in the name of the legally constituted organizations.

The request for public information should be addressed to the holder of the administrative body or entity that owns the information.

As stated in Article 17.2 of Law 19/2013, the request can be submitted by any means that allows proof of:

• The identity of the applicant.
• The information requested.
• A contact address, preferably electronic, for communication purposes.
• In your case, the preferred method to access the requested information.

The applicant, if she so desires, can state the reasons for requesting the information.

The submission of requests for access to public information will preferably be done electronically through the Portal de Transparency or, failing that, through the usual channels, set out in art. 38 of Law 30/1992, on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Art. 18 of Law 19/2013, includes the cases in which the application will be inadmissible for processing, by reasoned resolution.

The Law establishes an agile procedure with a short response time.

Article 19 of Law 19/2013, differentiates several assumptions:

• If the request refers to information that is not in the possession of the person to whom it is addressed, it will forward it to the competent party if it knows it and will inform the applicant of said circumstance.
• If the requested information is in the possession of the person to whom it is addressed, but has been prepared or generated in its entirety or main part by another, the request will be sent to him to decide on access.
• If the request does not sufficiently identify the information, the applicant will be asked to complete it, within a period of ten days, indicating that, in the event of not doing so, they will be considered withdrawn, as well as the suspension of the maximum term to resolve.
• If the requested information could affect the rights or interests of duly identified third parties, those affected will be notified, so that within fifteen days they can make allegations. The applicant will be informed of this circumstance as well as of the suspension of the term to issue a resolution until the allegations have been received or the term for their presentation has elapsed.

As stated in art. 20.1 of Law 19/2013: “The resolution granting or denying access must be notified to the applicant and to the affected third parties that have so requested within a maximum period of one month from receipt of the request by the competent body to solve.

This period may be extended by another month in the event that the volume or complexity of the information requested makes it necessary and after notifying the applicant. "

"After the maximum term to resolve without the express resolution having been issued and notified, it shall be understood that the request has been rejected." (art. 20.4)

Access to public information is free and this will preferably be done electronically, unless this is not possible or the applicant has expressly indicated in his request another means. However, as indicated in article 22.4. of Law 19/2013, “the issuance of copies or the transposition of the information into a different format from the original may give rise to the demand for exactions in the terms provided in Law 8/1989 , of April 13, of Public Rates and Prices, or, where appropriate, in accordance with the applicable regional or local regulations. ”

WARNING : the information provided is intended for the dissemination and better understanding of Law 19/2013 and is general and merely indicative, being necessary in any case to consult current regulations.