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 (AIG) — 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 AIG 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 AIG 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 AIG underlines that the reservations’ aims could be fully achieved through the regular application of Article 3 of the convention. The AIG, 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 AIG 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.