Evolution of freedom of information related law in Spain: new prospects for a more open government

Abstract

The evolution of FOI law in Spain over the last 30 years is analysed. The process starts with the Constitution of 1978 and goes on with a series of FOI related laws on the management of public administration services, the automatic processing of personal data, the access to environment information, as well as other technological legislation. This legislative package in some ways has contributed to foster and improve freedom of information in the Spanish public and private context. It is concluded that the right to general access of public information in Spain is totally guaranteed but it should be properly recognized with a specific law. Nevertheless, at present Spain lacks a real “Freedom of Information Act”.