The Spanish Law on transparency generally aligns with the Council of Europe's Convention on access to official documents, concludes the group of experts monitoring its implementation - the Access info group - in a report published today. The report recommends that Spanish authorities reduce the time required to process access requests and allow access to auxiliary documents.
The Access info group notes that the Spanish Law on transparency covers all public authorities within the convention's scope and that most of its limitations on the right of access align with those permissible under the convention.
The report welcomes the requirement for a case-by-case evaluation to determine if overriding public interest justifies disclosing requested information. It also notes the absence of excessive formalities in submitting official document requests.
However, the Access info group recommends that Spain reconsider specific legal provisions that allow authorities to deny requests for access to information considered auxiliary, such as draft documents, opinion papers, communications, reports, or exchanges between administrative bodies.
Regarding Spain's reservations to the treaty - specifically on statistical confidentiality, sensitive tax information, and some social security documents - the Access info group underlines that the reservations' aims could be fully achieved through the regular application of Article 3 of the convention. The Access info group, therefore, invites Spain to reflect on the need for these reservations and, depending on its conclusions, consider withdrawing them.
Currently, Spanish authorities have up to one month to decide on access requests. Since this creates room for discretion, the Access info group recommends that Spain shorten these time limits. If authorities do not plan to refuse access, they should decide and act as quickly as reasonably possible.
The Council of Europe Convention on access to official documents, also known as the "Tromsø Convention", is the first-ever binding international legal instrument to recognise everyone's right to access official documents held by public authorities upon request. So far, 17 Council of Europe member States have ratified the treaty, and another four have signed it with a view to its ratification. It entered into force in respect of Spain in January 2024.
The convention lays down minimum obligations for its parties to guarantee the right to access official documents, balancing the protection of the public interest in transparency with the protection of other legitimate interests, such as national security, defence and international relations. The treaty also establishes obligations on the procedures for handling requests for information and the review of denial decisions by an independent body or a court.
The Access info group (AIG) is a body established by the convention to evaluate the treaty's implementation by the parties in law and practice and to make recommendations to fully comply with its provisions. It is composed of ten independent experts in the field of access to official documents.
Spain and the Council of Europe
