with the obligations of this Act. This obligation is equally applicable to awardees of publicsector contracts.
Chapter II, dedicated to active publicity, establishes a series of obligations for the parties
included in the scope of application of Title I, which will have to disseminate certain
information without waiting for a specific request by citizens. This section includes details on
institutional, organizational and planning information, on legally relevant information, and on
economic, budgetary and statistical information.
In order to decisively foster access for all to information disseminated, the Transparency Portal
shall be created, including not only information regarding which there is an active publicity
obligation, but also that which is most frequently requested. The Portal will be a meeting point
and dissemination hub, exemplifying a new way of understanding citizens’ right to access
public information. It is also set forth here that the Central State Administration, the
Administrations of the Autonomous Communities, and the entities forming the Local
Administration may adopt collaboration measures for compliance with their active publicity
obligations.
Chapter III describes comprehensively the right of access to public information, to which all
persons are entitled, and which may be exercised without need to justify a request. This right
shall only be limited in cases in which this is necessary given the nature of the information—
resulting from the provisions of the Spanish Constitution—or when it comes into conflict with
other protected interests. In any case, the limits set forth shall be applied on the basis of a test
of the harm done (to the interest safeguarded by the limit) and a test of the public interest of
dissemination (that in the case in question, public interest in disseminating the information
does not prevail), and in a proportionate manner, limited by its aim and purpose. Moreover,
and given that access to information may directly affect the protection of personal data, the
Act clarifies the relation between the two rights by establishing the necessary balance
mechanisms. Thus, on the one hand, to the extent that the information directly affects the
body’s organization or public activity, access shall prevail, whereas, on the other hand, the Act
protects—as it could not be any other way—information classified by regulations as especially
protected, access to which shall generally require consent from the title-holder.
In order to facilitate the exercise of the right to access public information, the Act establishes a
streamlined procedure, with a short response time, and sets forth the creation of information
units in the Central State Administration, enabling citizens to know from which body to request
the information, as well as which body is responsible for the process.
As regards appeals, an optional, pre-trial complaint procedure is created, which shall be the
responsibility of the Council on Transparency and Good Governance, a newly-created
independent body. This procedure replaces the administrative appeal procedure.
Title II gives the status of Act to the ethical principles and guidelines that must govern the work
of the members of government and of the senior officials and equivalent office holders of the
Central State Administration, of the Autonomous Communities, and of the Local Entities.
Furthermore, the system of sanctions applicable to these people is clarified and strengthened,
in line with their respective responsibility.
7
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