[euopendata] New Spanish Transparency Law is not in line with international standards

Fri Nov 29 14:00:41 UTC 2013

Dear colleagues: please find below news from Spain for your information,
apologies for cross posting. 

Best, Helen 

http://www.access-info.org/documents/images/CPA_logo.jpg

Spain Adopts Transparency Law: Not in line with international standards say
civil society

Madrid, 28 November 2013 – The Spanish Parliament on Thursday 28 November
2013 adopted the Law on Transparency, Access to Information and Good
Governance
<http://www.congreso.es/public_oficiales/L10/CONG/BOCG/A/BOCG-10-A-19-8.PDF>
, the first law of its kind in Spain. The Coalición Pro Acceso regrets that
the Law is insufficient with serious shortcomings and contradictions, which
makes it obsolete from the outset and far from meeting international
standards.

Read MoreSince 2006, the Coalición Pro <http://www.proacceso.org/>  Acceso,
a civil society transparency network formed of 68 Spanish CSOs, has been
calling for adoption of a transparency law in Spain. During this time, the
Coalición provided its knowledge and experience on the subject to different
Spanish governments and political forces. In its judgement, the norm adopted
does not meet the 10 Principles of the Coalición Pro
<http://www.proacceso.org/los-diez-principios/>  Acceso, among other
problems it highlights that the Transparency Law:

» Does not recognise the right of access to information as a fundamental
right, as is recognised internationally. 
» Does not apply to all the branches of government, excluding the
legislative and judicial powers for non-administrative information..
» Excludes many types of information such as internal reports and
communications.
» Establishes negative administrative silence, something unique to public
administrative rules in Spain, and hence permits information to be ignored. 
» Creates an oversight body that is not independent and that does not have
binding powers.
» Does not establish appropriate sanctions for withholding information.

“It a real shame that, being the 96th country to pass an access to
information law, not only has Spain not adopted more progressive
transparency principles, but it has ignored even the most basic ones”
commented Helen Darbishire, Executive Director at Access Info Europe, a
founder of the Coalición Pro Acceso. .

“The law contains serious deficiencies. Without an independent supervisory
body the exercise of the right of access to information remains dependent on
the discretion of the administration", laments Javier Pérez Director of
CIECODE.

“The right of access to information is not recognised when the
administration does not respond to requests made by citizens, which the law
permits by establishing negative administrative silence”, affirmed Jacinto
Lara Bonilla, President of the Human Rights Association of Spain (Asociación
Pro Derechos Humanos de España).

The Coalición Pro Acceso will be monitoring the implementation of the new
law, although it will enter into force only after one year at the national
level, and after two years at the regional level. The Coalición trusts that
the proactive transparency provisions will be implemented immediately, and
hopes that individual requests for access to information will be answered.

The Coalición Pro Acceso will continue to work to promote the transparency
of public bodies, individuals holding public functions or those who manage
public funds, and to ensure that citizens obtain the information they
request.

For more information, please contact:

Helen Darbishire, Executive Director, Access Info Europe
email: helen at access-info.org 
tel: + 34 667 685 319

Victoria Anderica, Campaigns Coordinator, Access Info Europe
email: victoria at access-info.org  <mailto:victoria at access-info.org> 
tel: +34 606 592 976

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