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Anyone, whether they are a natural person or legal entity, of Spanish nationality or foreign, aged 16 or over, may at any time submit a request to obtain public information. They do not need to explain on the form why they want to know certain information, nor do they need to justify any personal interest in it. Nonetheless, if they explain their reasons and the use to which they intend to put the information the Administration will take this into account when considering the application.
Access to public information may be requested by submitting a form by Internet or in person.
If done in person, the form must be sent to the responsible body or holder of the requested information, to any public registry or by recorded delivery post. In the latter two cases however, the period for response will not begin until the application has arrived at the body which must resolve the request.
If the Internet method is chosen, digital identification is required by means of an electronic signature or through the idCAT Mòbil service.
The Administration must respond to the application within one month. It may however extend the term by a further fifteen days if this is justified by the volume or complexity of the requested information, and such extension must be notified and explained to the applicant.
Once this period has elapsed, if the Administration has not replied the application must be deemed accepted by the mechanism of ‘positive silence’ or non-opposition. However, in the case of application of constraints on access, such silence may be negative or of rejection.
A complaint to the GAIP may be lodged from the moment the silence is produced, whether it is positive or negative.