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Right of access to information


  REPORT ABOUT SPAIN:  "Transparencia y Silencio"


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Knowledge Areas /  Right of Access to Information  

We understand for "the Right to Know", the citizens right of free access to public information . This right is established in article XIX of the Universal Declaration of Human Rights. Furthermore, the European Council created in November 2003, a draft guide for the members to protect this right on their legislations, establishing some minimum acting principles.

The basic principle establishes that the right of access to official files and information managed by the Public Administrations should be equaly guaranteed and under the protection of clear guidelines, and the denial of such access should be an exception and fully justified. The states must guarantee the citizens to have access to documents in the hands of public authorities, through an specific request procedure. As the majority of rights, this one has its limits needed in a democratic society to protect other rights and legitimate interests protected by the legality; this is the case of the right of intimacy and the aspects affecting national security.

The "Right to Know" has some social benefits, as the following:

  • Increase of the citizens knowledge of public affairs, promoting the participation in the solution-taking affecting the common interest.
  • Efficiency promotion in Public Administrations, being their job examinated, and having a better understanding of its diffuculties
  • Alternative information source, besides the media, for the citizens to have an opinion about the society they live in and the governning authorities.
  • Public Administrations bad habbits reduction, often provided by the secrecy culture, allowing the citizens to control the functionary and hindering the corruption.
Over fifty countries in the world have adopted laws that allow access to public information, and another thirty countries have laws to be approved. In Europe, while the majority of center and northern european countries have aproved a legislation where the right of access to information is widely recognized, all mediterranean countries, but France, have a most restricted legislation. In the case of Spain, there is not a specific law that guarantees this right in a general way.

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