[open-government] Spain's Navarra Region Presents Progressive Open Government Law

Fri Jan 20 19:34:45 UTC 2012

Access Info Europe

Spain’s Navarra Region Presents Progressive Open Government Law 

& New Hope for a National Access to Information Law in Spain

Madrid, 20 January 2012 – Access Info Europe has welcomed today’s
publication of the Navarra region’s draft law on Transparency and Open
Government, qualifying it as a “highly progressive law” which sets new
standards for Spain and internationally. 

The draft law was developed in consultation with the public and input from
expert groups such as Access Info Europe and is now subject to a further
public consultation until 7 February 2012. It contains three main sections:
proactive publication, the right to request information, and public
participation. 

“This is a strong law in line with the best access to information laws
globally,” commented Helen Darbishire, Executive Director of Access Info
Europe, “and it goes even further than many laws by incorporating open data
principles and public participation as inherent parts of the concept of open
government.”

The draft establishes a number of principles including principles of
transparency and proactive publication and that the administration should
endeavour to anticipate the needs of the public. Consistent with its Open
Data approach, the draft also establishes a principle of “technological
neutrality” which favours use of open source software. 

The stated intention of the Navarra regional government is to adopt the most
advanced access to information and open government law in the world. Click
here for more information on the Navarra government
<http://www.navarra.es/home_es/Actualidad/Sala+de+prensa/Noticias/2012/01/20
/Borrador+Proyecto+Ley+Transparencia+informacion+publica.htm> . 

A Proactive Approach to Open Government 

Positive features of the law include broad definitions of information and
its application to all public bodies in Navarra and to private bodies
exercising administrative functions. The chapter on proactive publication
contains an extensive list of information including information related to
urban planning, public procurement, public spending and subsidies. 

The administration has 15 days to answer requests for information, which
would significantly reduce timeframes in Spain where the current
administrative law gives the administration 3 months to answer
communications from citizens. 

The exceptions in the law are largely in line with international standards,
and are subject to harm and public interest tests, which is essential for
the limitations on the right to be correctly interpreted. Access Info Europe
has raised concerns that some of the exceptions are too broad, such as
“statistical confidentiality” or information which is secret according to
other laws, although this is something which may need to be worked out at
the national level in Spain, which still has a state secrets law dating from
1968, the era of the Franco dictatorship.

New Hope for a National Access to Information Law in Spain 

On the same day as Navarra published its draft open government law, Access
Info Europe and other civil society groups in Spain held meetings with
senior representatives of the new government to discuss their commitment to
adopt a law in the first six months of 2012. 

The Secretary of State for Relations with the Parliament, José Luis Ayllón,
proposed holding public consultations on the draft national law which the
Ministry of the Presidency is currently preparing. 

Access Info Europe discussed the possibility of adopting a law which meets
the standards of the Council of Europe Convention on Access to Official
Documents, of recognising a fundamental right of access to information, and
of establishing an independent body, for example by adding the role of
protecting the right to information to the existing functions of the Data
Protection Agency, as was done in countries such as Germany and the UK. 

For further information – in English or Spanish – please contact: 
Helen Darbishire, Executive Director, Access Info Europe
email: helen at access-info.org 
tel: + 34 667 685 319

Victoria Anderica, Legal Researcher & Campaigner, Access Info Europe

email:  <mailto:victoria at access-info.org> victoria at access-info.org 

tel: + 34 606 59 29 76 

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