Request for access to public information from any conselleria (regional ministry), body or entity pertaining to the Generalitat by virtue of the regulations on transparency.

Presidencia de la Generalitat

Code SIA: 211953
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Code GVA: 17472
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  • What you need to know
  • What is
  • Who is it addressed to
  • How to process
  • Forms
  • Processing
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  • Resolution
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What is

What is it and what is it for

Provide applicants with the public information they require within the terms, scope and limits set out in Law 19/2013, dated 9 December, on transparency, access to public information and good governance, in Generalitat Law 1/2022, dated 13 April, on Transparency and Good Governance in the Comunitat Valenciana, and in Regional Government Decree 105/2017, dated 28 July, implementing Generalitat Law 2/2015, dated 2 April, on transparency and the regulation of the Council for Transparency, Access to Public Information and Good Governance.

 

Terms
RequestOpen term

Who is it addressed to

Citizenship
Companies
Administration
Interested people

Natural or legal persons, whether of a public or private nature, regardless of their nationality.

 

How to process

Processing process

Processing:

1. If the request concerns information that is not held by the body to which the request is addressed, the latter will forward it to the competent body, if known, and will inform the applicant of this fact.

2. If the request does not sufficiently identify the information required, the applicant will be asked to specify it in greater detail within ten days, stating that if the applicant fails to do so, they will be deemed to have withdrawn their request and the time limit for issuing a decision will be suspended.

3. If the information requested could affect the rights or interests of third parties, duly identified, they will be granted a period of fifteen days in which to make such representations as they deem appropriate. The applicant will be informed of this circumstance, as well as of the suspension of the time limit for issuing a decision until the representations have been received or the time limit for their submission has elapsed.

4. Where the information which is the subject of the request, although held by the subject to whom the request is addressed, has been prepared or generated in whole or in major part by another party, the request will be forwarded to the latter for a decision on access.

5. The rules regarding the grounds for rejection of applications will be those set out in Article 18 of Law 19/2013, on transparency, access to public information and good governance, and in Articles 44 to 49 of Decree 105/2017, dated 28 July.

 

Resolution:

1. The decision granting or refusing access must be notified to the applicant and to the third parties concerned who have so requested within a maximum period of one month from the receipt of the application by the body competent to decide. This period may be extended by a further month if the volume or complexity of the information requested makes it necessary and subject to prior notification to the applicant.

2. Reasons will be given for decisions denying access, for decisions granting partial access or access in a form other than that requested, and for decisions granting access where there has been opposition from a third party. In the latter circumstance, the data subject will be expressly informed that access will only take place once the period provided for in Article 22.2 of Law 19/2013, dated 9 December, has elapsed.

3. Where the mere indication of the existence or non-existence of the information would imply a breach of any of the limits to access, this circumstance will be indicated when rejecting the request.

4. If the maximum period for a decision has elapsed without a decision having been issued and notified, the application will be deemed to have been rejected. The competent body will be obliged to provide the information requested, except for information that could clearly conflict with other protected rights, or information whose total or partial refusal is expressly required by law. In such cases, the information will be dissociated, giving a reasoned account of this

circumstance.

 

Processing bodies
Each governing body or center CONSELLERIA FOR PARTICIPATION, TRANSPARENCY, COOPERATION AND DEMOCRATIC QUALITY

Request

Term
Open term

Throughout the year.

 

Documentation
- Standardised application form. The applicant is not obliged to give reasons regarding their request for access to the information. However, they may state the reasons for requesting the information, which may be taken into account when the decision is taken. However, not providing a reason for...
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Form of presentation
Telematics
Face-to-face

In person

The request should preferably be submitted to the administrative body or entity that holds the information.

It may also be presented in:

a) The registers of the administrative bodies to which they are addressed.

b) The registers of any administrative body belonging to the General State Administration, to that of any Administration belonging to the Autonomous Communities, to that of any Administration belonging to the Provincial Councils, Island Authorities and Councils, to the Town Councils of the Municipalities referred to in Article 121 of Law 7/1985, dated 2 April, regulating the Bases of the Local Government, or to that of the other entities that make up the Local Administration if, in the latter case, the appropriate agreement has been signed.

c) Post offices, in the manner established by regulation.

d) The diplomatic representations or consular offices of Spain abroad.

e) Any other place established by the current provisions.

 

On-line

https://gvaoberta.gva.es/es/acceso-a-la-informacion-publica

 

Resolution

Deadline
If the maximum period for a decision has elapsed without a decision having been issued and notified, the application will be deemed to have been rejected.
Observations

Decisions issued in matters of access to public information may be appealed directly before the Contentious-Administrative Courts. However, a complaint may be lodged with the Council for Transparency, on an optional basis and prior to its challenge in contentious-administrative proceedings, under...

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Resolution bodies
Each governing body or center CONSELLERIA FOR PARTICIPATION, TRANSPARENCY, COOPERATION AND DEMOCRATIC QUALITY