Comentarios al Anteproyecto de Ley Español sobre Transparencia y Acceso a la Información

Abstract

The Spanish draft bill of Transparency and Access to Information suffers from serious mistakes and wrong legal technique. It preserves the equivocal distinction between freedom of expression, on the one hand, and access to documents, on the other one, as if one right had nothing to do with the other. The access to information is considered, in this text, a 2 legal right, and not a constitutional one, with all the consequencies linked to this idea. While in this text, the objective target is all kinds of information, and not only perfectly polished and identified documents, just public entities are obliged to by the law to be, leaving apart unlisted prívate companies. Transparency, here, is highly politised and not considered a principle for Justice in the Communications Law province. Some of the mistakes in this text are the following ones: the confusión between publicity and transparency, the wrong understanding of confidence political sources, the Jasonite approach of this text to the rest of laws, the mixing up with access and accesibility, the
inapropriate comparison of this text to other international conventions much more restricted, in terms of objective targets, the simultaneous attack and defense of the
principle of balance, the functional approach to the public entities obliged to serve the principle of transparency, the double procedure for a citizen in search for a piece of information, the arbitrarían choice of the public institution in charge of answering the information forms, the discrimination against of citizens with not special needs when in need for help at the information access procedure, exceptions to access.