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Spain

Draft and approve law on transparency and right to information (ES0138)

Overview

At-a-Glance

Action Plan: Spain Action Plan 2020-2024

Action Plan Cycle: 2020

Status: Active

Institutions

Lead Institution: Ministry of Transparency, Land Planning and Exterior Actions (Directorate General of Transparency and Good Governance). Castilla y León Regional Government.

Support Institution(s): Other actors involved (Public) Secretaries General of the various ministries (indirectly, all subjects that issue documents or content that are generated throughout the procedure of approving standards) Other actors involved (Civil Society) Civil society in general (through the statements they make in the different consultation procedures, hearings or public information of the standard approval procedure)

Policy Areas

Access to Information, Legislation & Regulation, Open Data, Public Participation, Regulatory Governance, Right to Information, Subnational, Sustainable Development Goals

IRM Review

IRM Report: Pending IRM Review

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Pending IRM Review

Relevant to OGP Values: Pending IRM Review

Potential Impact: Pending IRM Review

Implementation i

Completion: Pending IRM Review

Description

What is the problem/need that is desired to resolve with the commitment? With the approval in 2012 of the Open Government. Model by Agreement 17/2012 of 8 March of the Castilla y León Regional Government, the autonomous region government started its journey in the opening and dissemination of public information and the implementation of new channels for citizen participation in making decisions in advance of the approval of the basic state regulation on transparency. Law 3/2015 of 4 March on Transparency and Citizen Participation of Castilla y León offered regulatory coverage to this process, albeit with a very reduced impact as a result of a timid promotion of active advertising and the right of access to public information and leaving out very significant actors in this Autonomous Region, such as local entities. In addition, it would not be a mistake to state that in the overall context of the autonomous region initiatives to develop the basic state regulations on transparency, the law has proven to be a standard that has not responded as hoped to the demands and requirements of society. With this background, the future law cannot face the important and growing challenges of our times in terms of the design and implementation of a true transparency policy at the autonomous region level, which involves everyone, while compromising in any way, in order to continue strengthening democracy and the functioning of the institutions, improve the lives of the citizenship and of course, serve to also promote the growth and development of our land. These are some of the purposes this law strives for. It also strives to promote citizen participation thanks to better access to information, which will make it possible to have a greater active and responsible presence of society in the collective affairs, and the improved efficiency in public management by showing its results at the scrutiny of everyone.

Objectives of the commitment To approve a new law on transparency, access to public information and its reuse in order to advance towards a greater openness of public information to the citizenship and a real and more effective accountability

Brief description of the commitment Achieving the commitment involves the processing of a new regulatory initiative, which implies from the writing the drafts of the initial texts, proceedings of citizen participation, hearing and public information, to the parliamentary approval of a regulation and its publication

How does the commitment contribute to solve the problem or cover the need? It is necessary to approve a demanding standard that is in accordance with the current times in order to achieve the objectives that we are proposing: elevate the demands of active advertising, incorporate new subjects obliged by law, improve the exercising of the right of access, removing unnecessary obstacles and promoting the policy of reuse of public information. At the same time, the initiative incorporates a sanctionary regime that until now has not existed, in order to de‐incentivise violating it.

Why is the commitment relevant with respect to the values of Open Government? It promotes, strengthens and improves the quality of participation in the public management, allowing the citizenship to participate in making public decisions with the objective of achieving better results and better democratic quality. 234 The approval of this standard will allow getting to know public management better in order to thus guarantee the accountability, access all content that are necessary to promote citizen participation, and in brief, make possible the right to know and understand what happens in the public "office". It delves deeper into transparency, open data and accountability of Public Administrations through carrying out actions aimed at its improvement and the evaluation of the results of the plans and programmes. The proposals of the future initiative include achieving a better active advertising, a right of access to public information that features fewer obstacles and an open data policy that is free of charge, without restrictions and by default. It contributes to building a system of public integrity, strengthening the ethical values and mechanisms to bolster the integrity of the public institutions and reinforce the trust of the citizenship. Without being an initiative directed toward improving public integrity (in this legislation, these are being promoted with this specific objective, like the creation of an agency to fight against fraud and whistleblower protection), it allows for a greater public scrutiny of the public management through active advertising and the right of access guarantees greater integrity and avoiding corrupt and irregular practises. It raises awareness among society and civil servants about the values of Open Government, contributing to the fulfilment of the Sustainable Development Goals of the 2030 Agenda in order to advance towards a just, peaceful and inclusive society. The initiative is directly linked to SDG 16, strengthens democracy and the participation of everyone in the management of public affairs.

Additional information Activities of the commitment Start date End date Prior consultation Processing of public consultation on the objectives that the future standard strives for in order to create a draft of the standard 01/07/2019 to 31/12/2019 01/07/2019 to 31/12/2019 Preparing the draft bill and impact analysis report of the regulatory impact Drafting of the text and report that accompanies it where the impacts that could be created are assessed, both internal and external to the organisation itself 01/01/2020 to 30/06/2020 01/01/2020 to 30/06/2020 Processing of the hearing, citizen participation and public information Subjecting the text to the critical judgement of other authorities and society as a whole 01/07/2020 to 31/12/2020 01/07/2020 to 31/12/2020 Mandatory reports on processing the approval of the standard Request for reports on the legality, budgets and those of different natures through which the standard must pass 01/07/2020 to 31/12/2020 01/07/2020 to 31/12/2020 Approval of the legal project Approval of the project by the governing council of the Community for it to be referred to the Courts for parliamentary processing 01/01/2021 to 30/06/2021 01/01/2021 to 30/06/2021 Parliamentary processing of the legal project Processing of the project in the Courts of Castilla y León 01/01/2021 to 30/06/2021 01/01/2021 to 30/06/2021 Approval and publication of the law Approval of the text in the Courts of Castilla y León and its publication both in the Official Gazette of the Autonomous Community and in the Official Gazette of the State 01/07/2021 to 31/12/2021 01/07/2021 to 31/12/2021

Commitments

  1. Reform laws related to transparency and access to information

    ES0044, 2020, Access to Information

  2. Establish transparency certification system for public and private institutions

    ES0045, 2020, E-Government

  3. Improve central government's transparency website

    ES0046, 2020, E-Government

  4. Incorporate EU direction on open public sector data

    ES0047, 2020, Access to Information

  5. Increase publication of budget and public contracting information

    ES0048, 2020, Anti-Corruption

  6. Open data related to training of civil servants

    ES0049, 2020, Access to Information

  7. Improve access to information in Business Registry

    ES0050, 2020, E-Government

  8. Promote citizen participation in public affairs

    ES0051, 2020, Capacity Building

  9. Improve traceability of regulatory draft and approval processes

    ES0052, 2020, Capacity Building

  10. Diagnose and strengthen public integrity systems

    ES0053, 2020, Anti-Corruption

  11. Establish law regarding lobbying transparency

    ES0054, 2020, Anti-Corruption

  12. Reform law regarding conflicts of interest

    ES0055, 2020, Anti-Corruption

  13. Identify and encourage ethical uses of artificial intelligence within public sector

    ES0056, 2020, Automated Decision-Making

  14. Establish legal whistleblower protections

    ES0057, 2020, Anti-Corruption

  15. Provide open government training to public

    ES0058, 2020, Capacity Building

  16. Prepare guide on open government

    ES0059, 2020, Sustainable Development Goals

  17. Provide professional training and materials for women in rural communities

    ES0060, 2020, Capacity Building

  18. Implement and evaluate open government training for civil servants

    ES0061, 2020, Capacity Building

  19. Disseminate information and raise awareness of open government principles

    ES0062, 2020, E-Government

  20. Promote research on open government principles

    ES0065, 2020, Capacity Building

  21. Disseminate research on open government principles

    ES0066, 2020, E-Government

  22. Observatory of Open Government

    ES0067, 2020, E-Government

  23. Create Observatory of best open government practices in Spain

    ES0068, 2020, E-Government

  24. Creation of a Committee of Patients and Users

    ES0069, 2020, Health

  25. Incorporate patient associations in developing Clinical Practise Guides

    ES0070, 2020, Health

  26. Incorporate patient associations in new working groups

    ES0071, 2020, Health

  27. Increase participation of Roma People in health policy

    ES0072, 2020, Health

  28. Prevent and manage health supply problems

    ES0073, 2020, Health

  29. Publish data regarding adverse reactions to medications

    ES0074, 2020, E-Government

  30. Publish open data for the Spanish Tourism Quality System

    ES0075, 2020, Access to Information

  31. Extend access to digital infrastructure

    ES0076, 2020, Infrastructure & Transport

  32. Promote integration of open geographic data

    ES0077, 2020, Access to Information

  33. Publish significant data regarding housing sector

    ES0078, 2020, E-Government

  34. Promote citizen participation in debating the Safe, Sustainable and Connected Mobility Strategy

    ES0079, 2020, E-Government

  35. Create website for open climate data

    ES0080, 2020, Access to Information

  36. Create Open Registry of Climate Information of Spain (RAICES)

    ES0081, 2020, Access to Information

  37. Regulate citizen collaboration on meterology

    ES0082, 2020, Environment and Climate

  38. Facilitate public participation in marine NATURA 2000 NETWORK

    ES0083, 2020, Environment and Climate

  39. Open participation process regarding MeteoAlerta plan

    ES0084, 2020, Environment and Climate

  40. Modify decree on State Council for the Natural Heritage and Biodiversity

    ES0085, 2020, Environment and Climate

  41. Establish mechanisms to reconsider coastal governance

    ES0086, 2020, Environment and Climate

  42. Increase public participation in coastal protection strategies

    ES0087, 2020, Environment and Climate

  43. Increase access to and comprehension of legal knowledge

    ES0088, 2020, E-Government

  44. Establish channels for citizens to propose research topics to Sociological Research Centre

    ES0089, 2020, Public Participation

  45. Publish information related to financing and performance of science and innovation

    ES0090, 2020, E-Government

  46. Publish information regarding Aneca accreditation process

    ES0091, 2020, Education

  47. Promote participation of university community in regulatory design processes

    ES0092, 2020, E-Government

  48. Publish mandate commitments to allow for social auditing

    ES0093, 2020, E-Government

  49. Encourage citizen participation through online platform

    ES0094, 2020, Capacity Building

  50. Create citizen Monitoring Space for anti-corruption strategy

    ES0095, 2020, Anti-Corruption

  51. Publish open data to promote gender equality policies

    ES0096, 2020, Access to Information

  52. Develop regulation for evaluating public service quality

    ES0097, 2020, Legislation & Regulation

  53. Draft Institutional Integrity Framework Programme

    ES0098, 2020, Anti-Corruption

  54. Develop and monitor ICSS platform for citizen feedback and information requests

    ES0099, 2020, Access to Information

  55. Offer electronic administrative services and channels for citizen participation

    ES0100, 2020, E-Government

  56. Improve transparency and accessiblity of open government website

    ES0101, 2020, E-Government

  57. Implement open government training plan for civil servants

    ES0102, 2020, Capacity Building

  58. Publish data on Open Data Website

    ES0103, 2020, Access to Information

  59. Draft Strategic Transparency Plan

    ES0104, 2020, Capacity Building

  60. Draft citizen participation law

    ES0105, 2020, Legislation & Regulation

  61. Draft code of ethics for administration

    ES0106, 2020, Anti-Corruption

  62. Improve public access to transparency and open data websites

    ES0107, 2020, Access to Information

  63. Create catalogue of public information for transparency and open data websites

    ES0108, 2020, Access to Information

  64. Strengthen institutional integrity of Murcia region

    ES0109, 2020, Anti-Corruption

  65. Promote youth participation in designing public policies

    ES0110, 2020, E-Government

  66. Preparation and implementation of a Valencian strategy of open data

    ES0111, 2020, Access to Information

  67. Promote citizen participation in developing budgets

    ES0112, 2020, E-Government

  68. Strengthen institutional integrity in Valencia

    ES0113, 2020, Anti-Corruption

  69. Increase citizen participation in designing public services

    ES0114, 2020, Public Participation

  70. Ensure greater accessibility in participating in public decisions

    ES0115, 2020, E-Government

  71. Improve youth participation in Aragón

    ES0116, 2020, Capacity Building

  72. Increase democratic innovation and participation through LAAAB Space

    ES0117, 2020, E-Government

  73. Improve citizen participation in drafting public policies

    ES0118, 2020, E-Government

  74. Develop transparency training course for civil servants

    ES0119, 2020, Access to Information

  75. Centralize open data catalogues through website

    ES0120, 2020, Access to Information

  76. Create Canary Islands Network of Open Government

    ES0121, 2020, Subnational

  77. Publish and encourage use of open data

    ES0122, 2020, Access to Information

  78. Encourage participation of children and teens in Navarra

    ES0123, 2020, Capacity Building

  79. Streamline processing of right to information requests

    ES0124, 2020, Access to Information

  80. Create citizen laboratories for improving public services

    ES0125, 2020, E-Government

  81. Implement electronic processing of conflict of interest reporting

    ES0126, 2020, Anti-Corruption

  82. Open participation channels for citizen evaluation of public services

    ES0127, 2020, Capacity Building

  83. Analyze and simplify regulations on open government

    ES0128, 2020, Regulatory Governance

  84. Training for civil servants on open government principles

    ES0129, 2020, Capacity Building

  85. Draft and approve law on transparency

    ES0130, 2020, Access to Information

  86. Draft and approve regulations regarding transparency and right to information

    ES0131, 2020, Access to Information

  87. Design online platform for local citizen participation

    ES0132, 2020, E-Government

  88. Design and implement public hearings for matters of general interest

    ES0133, 2020, Public Participation

  89. Implement indicators to evaluate public policy

    ES0134, 2020, E-Government

  90. Design tools to improve transparency website

    ES0135, 2020, Capacity Building

  91. Ensure clear and transparent communication to citizens

    ES0136, 2020, Capacity Building

  92. Create online catalogue of public information

    ES0137, 2020, E-Government

  93. Draft and approve law on transparency and right to information

    ES0138, 2020, Access to Information

  94. Publish all information related to drafting regulations

    ES0139, 2020, E-Government

  95. Update design of transparency website

    ES0140, 2020, E-Government

  96. Approve regulation related to transparency and open government

    ES0141, 2020, Legislation & Regulation

  97. Training for civil servants on open government principles

    ES0142, 2020, Capacity Building

  98. Raise awareness among civil society on participating in transparency efforts

    ES0143, 2020, Subnational

  99. Promote commitment of youth in citizen participation

    ES0144, 2020, Fiscal Openness

  100. Create plan to strengthen the Network of Local Entities in Transparency and Participation

    ES0145, 2020, Anti-Corruption

  101. Creation of an Open Government Forum

    ES0024, 2017, Public Participation

  102. Sectoral Commision on Open Government

    ES0025, 2017, Capacity Building

  103. Local Authorities for Transparency and Citizen Participation

    ES0026, 2017, Access to Information

  104. Open Government Initiatives Abroad

    ES0027, 2017, Anti-Corruption

  105. Participatory Web Space on Open Government

    ES0028, 2017, Capacity Building

  106. Observatory on Participation

    ES0029, 2017, Capacity Building

  107. Participatory Budgeting

    ES0030, 2017, E-Government

  108. Young People in Public Policies

    ES0031, 2017, Capacity Building

  109. Transparency Portal and the Right of Access

    ES0032, 2017, Access to Information

  110. Information Disclosure Program and Its Reuse

    ES0033, 2017, Access to Information

  111. Citizen’S Folder

    ES0034, 2017, E-Government

  112. ARCHIVE System

    ES0035, 2017, Access to Information

  113. Regulations for the Transparency Law

    ES0036, 2017, Access to Information

  114. Expand Economic-Financial Center

    ES0037, 2017, Access to Information

  115. Coordination of the Cadastre and the Land Registry

    ES0038, 2017, Capacity Building

  116. Information on Gender-Based Violence

    ES0039, 2017, Gender

  117. Training of Public Employees

    ES0040, 2017, Capacity Building

  118. Awareness-Raising and Training of Civil Society

    ES0041, 2017, Capacity Building

  119. Education in Open Government

    ES0042, 2017, Capacity Building

  120. Open Justice in Spain

    ES0043, 2017, Access to Information

  121. Transparency Portal

    ES0014, 2014, Access to Information

  122. Spanish Archives Portal, PARES

    ES0015, 2014, E-Government

  123. Open Education Resources

    ES0016, 2014, Education

  124. Accessibility of National Health System Microdata

    ES0017, 2014, Access to Information

  125. Access to and Re-Use of Geographic Information

    ES0018, 2014, Public Participation

  126. Programmes on Opening up Information and Its Re-Use in the Public Sector

    ES0019, 2014, Access to Information

  127. Portal of the Administration of Justice

    ES0020, 2014, Access to Information

  128. Starred commitment Greater Control and Transparency in Public Grants

    ES0021, 2014, Civic Space

  129. Creation of the Spanish Council on Drug Dependence

    ES0022, 2014, Health

  130. Increased Participation of Sector Stakeholders in Defining the Goals of the National Maritime Rescue Plans.

    ES0023, 2014, Environment and Climate

  131. Starred commitment Law on Transparency, Access to Public Information and Good Governance

    ES0001, 2012, Access to Information

  132. Starred commitment Transparency and Accountability in the Official Development Assistance

    ES0002, 2012, Aid

  133. Law of Budgetary Stability and Financial Sustainability

    ES0003, 2012, Fiscal Openness

  134. Law Reform Grants

    ES0004, 2012, Civic Space

  135. E-Justice

    ES0005, 2012, E-Government

  136. Promotion of Social Networks to Facilitate Citizen Participation

    ES0006, 2012, E-Government

  137. Publication of Statistical Data on Crime

    ES0007, 2012, E-Government

  138. Review and Regulatory Simplification

    ES0008, 2012, Legislation & Regulation

  139. Starred commitment E-Health

    ES0009, 2012, Health

  140. RED System

    ES0010, 2012, E-Government

  141. Streamlining Environmental Assessment Procedures

    ES0011, 2012, Anti-Corruption

  142. Streamlining Procedures for Business Creation

    ES0012, 2012, E-Government

  143. Reduction of Administrative Burdens for Farmers and Ranchers

    ES0013, 2012, Subnational

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