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Access right

The right of access to public information consists of the right of any individual, natural or legal, to access public information, without further limitations than those contemplated in the Law and without the need to justify their request.

Public information is understood to be any information, regardless of its support and form of expression, generated by Public Administrations referred to in Regional Law 5/2018, of 17 May, on Transparency, Access to Public Information, and Good Governance, or possessed by said Public Administrations.

Limits

The right of access is subject to certain limits, as set out in Article 14 of Law 19/2013, of December 9, on transparency, access to public information, and good governance, and Article 31 of Law 5/2018, of May 17, on Transparency, Access to Public Information, and Good Governance, when it entails harm to:

  • National security.
  • Defence.
  • Foreign relations.
  • Public safety.
  • The prevention, investigation, and punishment of criminal, administrative, or disciplinary offences.
  • The equality of the parties in judicial proceedings and effective judicial protection.
  • Administrative functions of supervision, inspection, and control.
  • Economic and commercial interests.
  • Economic and monetary policy.
  • Professional secrecy and intellectual and industrial property.
  • Ensuring confidentiality or secrecy required in decision-making processes.
  • Environmental protection.
  • Personal data protection.

Reasons for Inadmissibility

Article 18.1 of Law 19/2013, of 9 December, on Transparency, Access to Public Information, and Good Governance, and Article 37 of Regional Law 5/2018, of 17 May, on Transparency, Access to Public Information, and Good Governance, establish the reasons for the inadmissibility of requests.

  • Requests for information excluded by law from the right of access. 
  • Requests for information not in the possession of the entity to which they are addressed and the competent authority is unknown.
  • Requests for legal consultations or requests for the preparation of reports or decisions.
  • Requests deemed abusive due to their manifestly unreasonable, repetitive nature, or involving an excessive abuse of the right.
  • Requests for preparatory documentation, material in the process of being prepared, or incomplete documents or data that do not form part of the administrative file.
  • Requests for auxiliary or support information, such as annotations, drafts, opinions, internal summaries, or internal communications lacking public relevance or public interest. Reports of a legal, technical, economic, or other nature that form part of the file or are related to resolutions and other administrative acts are not considered as such.
  • Requests for information requiring prior reworking before dissemination.