The LTAIBG establishes that all people have the right to access public information in the terms provided in the Article 105.b) of the Spanish Constitution and developed therein.

“Public information” is any content or documents, whatever their format or support, that are held by any of the administrations and entities of the public sector and that have been prepared or acquired in the exercise of their functions.

Everyone has the right to have the public information available to them, whether documents or other types of information, provided by the administrations, for which they are only required to submit a request addressed to the corresponding body on its transparency portal (website), without having to justify the reasons for requesting it.

The competent body must respond within a maximum period of one month. If after this period the applicant has not received a reply (administrative silence) or is not satisfied with the reply received, he/she may file a complaint with the Transparency Council. This claim replaces ordinary administrative remedies, has no cost and can be filed directly, without the need for a lawyer. It is optional (i.e. optional), since judicial protection can also be sought directly from the contentious-administrative jurisdiction.

The Council is competent to resolve complaints concerning requests for information addressed to the General Administration of the State and to State public sector entities.

It also resolves the claims presented to the autonomous and local administrations of those autonomous communities that have attributed this competence by agreement (consult them here).

In the rest of the cases, the claims must be submitted to the guarantee body of each autonomous community (you can consult it in this page).

The Council publishes all its resolutions on their website.

The Transparency Law establishes that administrations, public sector entities, and also private entities that receive a certain volume of subsidies or public aid, are obliged to publish on their transparency portals or web pages the information that allows citizens to control their management and activity (for example, what regulations apply to them, their budgets and annual accounts, the contracts they sign, the subsidies they grant or receive, who are their responsible and what training and experience they have, what are their remuneration, etc. ). This is called active advertising obligations.

The Board assesses whether the subjects required by law comply with these requirements for active advertising and makes the results of the evaluations public on its website. When it identifies shortcomings, it makes concrete recommendations to the entities to improve their compliance with the Transparency Act. The Council also assesses how the obligated subjects handle the public information requests they receive.

The main conclusions of its assessments on the degree of application of the law are contained in an annual report that is presented to the Cortes Generales.

In this link you can find more information about our work of assessment.