The Council of Transparency and Good Governance is the Independent administrative authority to guarantee access to public information and transparency at the state level. It was created by the Law 19/2013, of 9 December, on transparency, access to public information and good governance (hereinafter LTAIBG or Transparency Act).
The Council is an independent body, with its own legal personality and full capacity to act. Act with absolute independence of the government, of public administrations and of any business or commercial interest. Its president is not subject to an imperative mandate and does not receive instructions or indications from any authority. It is governed by the provisions of the aforementioned LTAIBG, and by its Statute, approved by Royal Decree 615/2024, of 2 July.
The main functions of the Council are two:
- Guarantee the right of all people to access public information.
- Monitoring compliance with transparency obligations imposed on public bodies and agencies.
Contrary to what could be deduced from its official name, it does not have any direct competence in the matter of “good governance”.
Like guarantor of the right of access to public informationthe Council resolves complaints lodged with the General State Administration and public sector entities by citizens who are not satisfied with the response they have received to their requests for public information (or with the lack of response, i.e. the rejection of their requests for administrative silence). It also resolves the claims presented to the autonomous and local administrations in those autonomous communities that have attributed this competence through agreement.
Like oversight body, oversees and evaluates compliance with the Transparency Act, especially with regard to active publicity obligations, verifying whether state institutions, bodies and public bodies publish on their websites the information required by law. This control activity also extends to certain private entities that receive subsidies or relevant public aid. In addition, it deals with complaints filed by citizens for non-compliance with the obligations of active advertising.
Along with these two main functions, it carries out others that contribute to promoting and strengthening public transparency:
- Adopts criteria for interpretation Uniform of the obligations contained in the law.
- Advises and resolves enquiry of the persons and units responsible for applying the transparency regulations.
- Perform activities of sensitisation and dissemination aimed at citizens.
- Promote training activities to train public employees in transparency.
- Collaborate and works with other bodies with similar functions at regional and international level.
The Council is a still young institution, which began its activity in 2015, but whose contribution to the configuration of a public transparency system in Spain has been crucial, through an action that has always been characterized by its total objectivity and independence.
The Council ' s team is currently composed of about 30 civil servants. Since October 20, 2020, he presides over it José Luis Rodríguez Álvarez, professor of Constitutional Law at the Complutense University, who has also been director of the Spanish Data Protection Agency, among other public responsibilities.