3. When the requested information does not contain data enjoying special protection, the
body to which the request is made shall grant access after sufficiently considering the public
interest of disclosing this information and the rights of the affected party whose data appears
in the information requested, particularly their fundamental right to personal data protection.
In making such considerations, the body in question shall particularly take the following
criteria into account:
a) The option least detrimental to the affected parties due to the expiration of the statutes of
limitation established in Article 57 of Act 16/1985, of 25 June, on Spain’s Historical Heritage.
b) The justification on the part of the applicants of their request in the exercise of a right, or
the fact that they are researchers with historic, scientific, or statistical motives for seeking said
access.
c) The option least detrimental to the rights of the affected parties if the documents contain
only data that merely identifies the aforesaid.
d) The option providing the greatest guarantee to the rights of the affected parties if the data
contained in the document could affect their privacy, safety or security, or if said data refers to
minors.
4. The provisions of the previous paragraphs shall not be applicable if access is granted after
removing personal data in such a manner as to prevent the identification of the persons
concerned.
5. Regulations on personal data protection shall be applied to the subsequent processing of
data obtained through exercising the right of access.
Article 16. Partial access.
In those cases where application of any of the limits set forth in Article 14 does not affect the
totality of the information, partial access shall be granted after removing the information
affected by said limit, unless this would result in providing distorted or senseless information.
In this case, the applicant must be told that part of the information has been omitted.
Section 2. Exercising the Right of Access to Public Information
Article 17. Request for access to information.
1. The procedure for exercising the right of access shall begin with the presentation of the
corresponding request, which must be sent to the head of the administrative body or entity
which possesses the information. In the case of information in the possession of physical or
legal persons who are providing public services or exercising administrative authority, the
request shall be sent to the Administration, body, or entity established in article 2.1 to which
they report.
2. The request may be presented by any means whereby it is possible to establish:
a) The identity of the applicant.
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