What is the right of access to public information, and what public information can you request and what can’t you request?

Law 19/2014, of 29 December, on transparency, access to public information and good governance, recognises the right of individuals to request and obtain pre-existing public information prepared by the Administration or held by it as a result of its activities or the exercise of its functions, including information provided by other obligated entities. This right may be exercised provided that no legal restrictions or grounds for inadmissibility apply.

However, requests may not be made for actions other than access to existing information, such as the preparation of reports, certificates, consultations, explanations, or complaints. Nor may access be granted to information containing specially protected personal data (such as ideology, trade union membership, religion, beliefs, racial origin, health, sexual life, or offences that do not result in a public reprimand). Other personal data may only be disclosed following a prior assessment balancing the public interest in disclosure against the rights of the individuals concerned.

 Right of access to public information

Who can exercice this right?

The right of access to public information may be exercised by anyone over the age of 16, either in their own name or on behalf of and representing a legal entity, without the need to justify any particular interest. This right may only be denied or restricted when one of the legal limitations or grounds for inadmissibility provided by law applies.

In accordance with Law 19/2014, access to public information is free of charge, provided that the information is consulted at the location where it is held or is available in electronic format and can be sent by email at no cost.

How can it be exercised?

To exercise your right of access with the Barcelona Provincial Council, you can use the application form available on the Electronic Office, which allows you to specify the information you wish to access.

Access the application process for requesting access to public information

How is it managed?

The processing of these requests is governed by the Protocol approved by Presidential Decree No. 7722 of 29 July 2020.

If the request does not meet the required criteria or is unclear, the Administration will ask the interested party to correct or clarify it within ten days, indicating that failure to do so will be considered a withdrawal of the request. If no response is received within that period, the corresponding withdrawal decree will be issued and the proceedings will be closed.

Where a request is only partially granted, access will be provided to the information that has been approved, while access to the remaining requested information will be refused with a reasoned justification. Decisions that fully or partially deny access may be challenged through the appeal procedure provided for in the applicable regulations.

Decisions on requests for access to public information

- Decisions issued by the Barcelona Provincial Council refusing access due to the application of one of the legally established limitations or grounds for inadmissibility.

- Decisions issued by the GAIP

Licence, Terms, Conditions and Responsibilities for the Use of Public Information Provided

What are the avenues for appeal?
 

Once the Barcelona Provincial Council has issued an explicit response to the request, or has failed to respond within the established timeframe (administrative silence), you may file an optional appeal for reconsideration with the same body that issued the decision. This appeal must be submitted within one month from the day following notification of the decision or from the expiry of the period for issuing a decision.

You may also submit a free and voluntary complaint to the Commission for the Guarantee of the Right of Access to Public Information (GAIP).

You also have the option of lodging an administrative judicial appeal before the Administrative Court of Barcelona within two months from the day following notification of the decision.

How can you get help with a question about the right of access to public information?
 

You can do so by emailing: dret.acces@diba.cat.