Below are 20 questions that have been frequently asked by the general public since the approval of the Law on Transparency (document available only in Spanish), grouped into three sections by content.
Transparency enables the general public to know how the decisions that affect them are taken and how public funds are used. It unveils the criteria that guide the actions of public institutions and allows for scrutiny over public policy measures.
- the information that public administrations and public sector entities must publish;
- how the general public can request information from public administrations and public sector entities;
- the good governance standards that public administrations and public sector entities must observe.
All the activities of the Banco de España that are governed by administrative law are subject to the Law on Transparency. For these activities it must:
- publish certain information on its Transparency Portal;
- • respond to requests for information from the general public.
Active disclosure comprises all the up-to-date information that entities subject to the Law on Transparency must publish on a regular basis to ensure transparency.
The Banco de España publishes this information, and other content considered to be of general interest, on its Transparency Portal.
The Transparency Portal is where the Banco de España regularly publishes up-to-date material information, including both the information that entities subject to the Law on Transparency must publish, along with other content considered to be of general interest, aiming to broaden and strengthen its transparency to facilitate scrutiny over its actions.
The information published on the Banco de España’s Transparency Portal is grouped as follows:
- Institutional and planning information: This section provides essential information on the Banco de España, what it does, how it is organised and how it works. Specifically, information on:
- Legal framework
- Organisational structure
- Calendars of the Governor and Deputy Governor
- Codes of conduct
- Plans and programmes
- Data processing records
- Official information: This section essentially enables the general public to scrutinise the Banco de España’s work in drafting official regulations. It comprises:
- Documents open to public consultation
- Reports, technical applications and guidelines
- ECB publications and information on international organisations
- Economic information: This section, which provides economic, budgetary and statistical information and information on how public funds are used, covers a wide range of administrative measures with economic or budgetary effects in various areas, such as
- Management assignment and Concession contracts
- Cultural and social welfare activities
- Budget management
- Annual accounts
- Remuneration of members of governing bodies and senior management
- Conflicts of interest of public employees
- Property and official vehicles
- Historical and art heritage
The Banco de España publishes the information that entities subject to the Law on Transparency must publish, along with other content considered to be of general interest, on its Transparency Portal.
If you can’t find the information you are looking for on the Portal, you can submit a request for access to public information held by the Banco de España. Go to the Banco de España’s Virtual Office to see how to do this.
Right of access to public information
The general public have the right to access public information under the terms provided for in Article 105(b) of the Spanish Constitution, implemented by the Law on Transparency.
Public information is all content or documents, in whatever format or medium, held by the entities that are required to provide access to information and that have been prepared or acquired by them in the exercise of their functions.
The content or documents held by the Banco de España, in whatever format or medium, that have been prepared or acquired by it in the exercise of its functions or the pursuit of its activities subject to administrative law.
Anyone may request public information.
You may exercise your right to access public information held by the Banco de España by submitting a request for information. Go to the Banco de España’s Virtual Office to see how to do this.
Yes, in order to request access to public information held by the Banco de España you must identify yourself.
No, you are not required to say why you are requesting access to the information, although you may do so if you wish.
Requests may be made for any content or documents held by the Banco de España, in whatever format or medium, that have been prepared or acquired by it in the exercise of its functions or the pursuit of its activities subject to administrative law.
To protect other public or private interests or properties, the right of access to information is subject to certain limits. Under the Law on Transparency, right of access may be limited to safeguard, among other aspects:
- the prevention, investigation and sanctioning of criminal, administrative or disciplinary offences;
- administrative monitoring, inspection and control functions;
- economic and commercial interests and economic and monetary policy;
- professional secrecy and intellectual and industrial property;
- confidentiality or secrecy required in decision-making processes;
- protection of third-party personal data.
The Banco de España is also subject to a specific legal regime on secrecy, set out in Article 82 of Law 10/2014 of 26 June 2014 on the regulation, supervision and solvency of credit institutions. Under this regime, the activities it pursues in the exercise of its functions are confidential and may not be disclosed, except in certain circumstances provided for in said Law.
The limits must be applied restrictively, on a case-by-case basis, and taking into account both the public or private interest that would be harmed were the information to be disclosed and the interest in the information being made public.
Yes, where a limit to the right of access does not apply to all the information requested, partial access is granted and only the information not affected by the limit is provided. The Banco de España must tell you which part of the information requested is not provided.
The information is preferably accessed online, unless this is not possible or you expressly indicate an alternative method.
You must be informed of the decision to grant or deny access to the information within one month of receipt of the request. This period may be extended by a further month if the volume or complexity of the information requested so requires.
If the deadline expires and no decision is notified, your request for access will be understood to have been rejected.
Yes, specifically a contentious-administrative appeal, which must be filed before the Contentious-Administrative Division of the Audiencia Nacional (National High Court) within two months of the day following notification of the decision.