You want to know, for example, how many contracts the Ministry of Science and Innovation has made, what subsidies the Ministry of Education and Vocational Training has granted, how much the last campaign of the Ministry of Health has cost,... Where are you looking for that information?
If the information is of an autonomous or local nature: you have to ask your Autonomous Community. All Autonomous Communities have one Portal of Transparency.
No, the transparency law points out some reasons why your request for information may be inadmissible. These are:
Those that refer to information in the course of elaboration.
Those that are of an auxiliary or supportive nature.
Those that require, due to their content, a prior work of reelaboration.
Those addressed to a body that does not have the information, or when the competent one is unknown.
Repetitive or abusive requests.
Yes, they will always have to justify to you the reason why your request for information has been inadmissible. In addition, the Council for Transparency and Good Governance has established criteria for interpreting the causes of inadmissibility set forth in the Act.
It is always necessary to motivate what it means, to set out the reasons and the justification of why the cause is applicable to the specific case.
The Transparency Act also contains certain assumptions that limit the right of access to public information.
It is true that the right of access to public information must respect certain limits and protected interests. El art. 14 list what they are and the art. 15 protects people’s privacy and therefore their privacy as directed by the Organic Law on Data Protection.
As he explains Preamble to the Transparency Act, this is necessary in order to be able to apply a limit to the right of access to information. It consists of putting on a balance the interest that is protected with the limit and the legitimate interest that protects the knowledge of the information and valuing both to decide.
The organ to which you ask, which is the one that you must solve in the first place. If it’s a claim, it will Council of Transparency and Good Governance.
No, it is necessary that its application is justified and proportionate to the object and purpose of the protection and furthermore it should not be generic but referred to the specific case.
If the person who has denied you the information is the General Administration of the State or an Autonomous Community or Local Entity with which we have agreement (Asturias, Cantabria, Illes Balears, La Rioja, Extremadura, Ceuta or Melilla), then he claims the Council of Transparency and Good Government. We will review your request for information and decide whether the information is public and, therefore, there is an obligation to provide it to you.
If more than a month has passed since you made your request to the State or to any of the Autonomous Communities that have an agreement, and you have not received a response, you can also complain to the Council of Transparency and Good Government, which we will resolve if there is an obligation to provide you with the request.
If you have requested information from the Administration and it has been denied or you are not satisfied with what they have answered or you have not received an answer to your questions, you can file a complaint with the Transparency and Good Governance Council, which will be responsible for deciding whether the information should be provided to you.
The claim is, therefore, a request that you make to the Transparency Council to review the decision of the Administration on your request for information.
Yes, always. In the answer you have received, it is very convenient that you value the legal bases, where the incidents of the procedure must be reflected and the causes of dismissal or partial estimation must be motivated.
Everyone has the right to access public information. And everyone has the right to complain, whether natural or legal persons, Spanish or foreign.
If you have been answered by the Transparency Portal, you have a period of one month from the day following your response.
After more than a month without having received an answer (administrative silence), you can also claim.
In the case of Autonomous Communities with which we have signed an agreement (Asturias, Cantabria, Illes Balears, La Rioja, Extremadura, Ceuta and Melilla) you can contact us directly, to the Council of Transparency and Good Governance.
If you want to submit a claim to the Council of Transparency and Good Governance, the easiest and most agile way is through electronic headquarters . This way you will also have easy access to your files and you will receive communications quickly.
If you do not have an e-certificate, we recommend that you obtain it to benefit from all the advantages of e-government. You can ask for it here.
Those who do not yet have an electronic certificate can submit the claims and other writings addressed to the CTBG for the following alternative waterways:
Face-to-face in the office of the organism C/ José Abascal, 2 - 5th Plant. 28003 Madrid.
In any of the public records provided for in Article 16.4 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.
by postal mail, enviando una carta a c/ José Abascal, 2 - 5ª Planta. 28003. Madrid.
If you do not use the electronic headquarters, you must submit the form corresponding, through alternative waterways noted.
If you have any doubts, you can contact our Citizen Care Unit
by email: ctbg@consejodetransparencia.es
by telephone: 91 273 33 03 / 08 / 24
In the Council of Transparency and Good Governance we have a unit of attention to the citizen:
in person at our headquarters (C/ José Abascal, 2, 5th Floor. 28003 of Madrid),
telephonically to the numbers 91 273 33 03 / 08 / 24
We will respond to you within a maximum period of three months and our decision will be mandatory for the Administration.
The response of this Council may be the subject of an administrative appeal, within two months from the day after you receive it, before the Central Administrative Litigation Courts of Madrid, presenting your arguments there.
Yes, filing a contentious-administrative appeal requires that you be accompanied by a lawyer and attorney.
In this case it will be the public body that will have to file a contentious-administrative appeal and the Council will defend its resolution before the Courts, assuming the corresponding costs.
You can personalize yourself if you want, although the Council of Transparency and Good Government will ensure your right.
Not to you. The expenses will be assumed by the Council of Transparency and Good Governance.