Right of access to public information

The right of access to public information is the right of any physical or legal person acting in an individual capacity and on their own behalf, or in representation of and on behalf of legally constituted organisations of which they form a part or for which they act as a representative, to have access to public information, with no other limitations than those provided for in the law, and without any need to explain their reasons for doing so.

Public information is understood as referring to the contents or documents, regardless of the format or media, that are in the possession of parties subject to Regional Law 5/2018, of 17 May, on Transparency, Access to Public Information and Good Governance, and that have been prepared or acquired in the performance of their duties.

Access to the information shall generally be free of charge, and shall be made available in the manner and format requested whenever possible.

What is public information

According to article 4 of the Regional Law of Transparency, public information is:

Information created by public administrations, regardless of the manner and means of expression, that is mentioned in this regional law or held by said administrations. Public information is also regarded as information prepared by or in the possession of other entities or parties that provide public services or have administrative powers or public functions, with the proviso that said information has been created or obtained in the performance of a public activity.

A great deal of this information has already been published on this website and on the Open Government portal. If you cannot find it, please ask for assistance (transparencia@sodena.com) to locate it and/or to issue a public information access request.

The right of access to public information is not universal and is subject to the limits established in articles 14 of Law 19/2013, of 9 December, on Transparency, Access to Public Information and Good Governance, and 31 of Regional Law 5/2018, of 17 May, on Transparency, Access to Public Information and Good Governance.

Governing body

The competent body for deciding on applications for access to public information is the managing director or other parties in the organisation with appropriate powers of representation.

Deadlines

Applications for public information should generally be answered to within one month, dating from when the application was recorded in the corresponding registry.

Said period may be extended for a further month, if the volume and complexity of the information are such that it is impossible to issue it in said period. The applicant should be informed within ten days if such an extension is necessary, stating the reasons for the delay in issuing the information.

Limits

Applications for public information should generally be answered within one month after it is entered in the corresponding registry.

The right of access is subject to certain limits, expressed in article 31 of Regional Law 5/2018, of 17 May, on Transparency, Access to Public Information and Good Governance, when there exists a risk to:

    • Public security.
    • Guarantees of confidentiality or secrecy required in decision-making processes.
    • Prevention, investigation and penalties for criminal, administrative or disciplinary offences.
    • Equality of parties in court proceedings and effective judicial protection.
    • Administrative functions of surveillance, inspection and control.
    • Legitimate economic and commercial interests, without prejudice to the publication of collective agreements, contracts and other administrative acts pursuant to said regional law.
    • Professional secrecy and intellectual and industrial property.
    • Protection of the environment.
    • Information declared to be reserved or protects by regulations with the force of law.

These limitations shall be applied in accordance with their purpose and the aim behind such protection, and should be interpreted in a restrictive manner with the necessary justifications for the application of same.

The limitations shall only apply for the period established by law or for the duration of the reason that justifies the application.

Reasons for non-acceptance

The following applications shall not be accepted for processing, with a resolution stating the grounds for same:

    • When the application refers to information that the law excludes from the right to access.
    • When the information is not in the possession of the entity to which the application is sent, and the competent body is not known.
    • When the application is a request for answers to judicial queries or requests for clarification of reports or rulings.
    • When the application is considered to be abusive for being clearly unreasonable, repetitive or for being a flagrant abuse of said right.
    • When the application refers to preparatory documentation, material that is being prepared or information or data that has yet to be concluded and that does not form part of the administrative record.
      • Not concluded: refers to information that is still being worked on internally and for which no approval, report or ruling has been issued. In this case, the competent body should inform the applicant about the period required to finish preparing the information.
    • When the application refers to auxiliary or supporting information: notes, drafts, opinions, summaries for internal use or internal communiques that have no public importance or interest. The following do not fall into this category: legal, technical, economic or other reports that form part of the record or are in some way related with administrative resolutions or other acts.
    • When the application refers to information that requires prior redrafting for it to be divulged.
    • The term redrafting information does not include data that may be obtained via commonly used computer processes, or activities that entail bringing together information dispersed in several existing documents.

Applications form public information

To process an application, please click here.

Unit Responsible for Public Information (URPI)

To make the right of public information for citizens an effective one, Sodena has appointed a Unit Responsible for Public Information (URPI) that is responsible for processing in due time and form the obligations established in Regional Law 5/2018.

The URPI of Sodena is the Department of Administration and Finances. You can contact this department at transparencia@sodena.com or by calling 848 42 19 42.

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