The introduction of new information access rules by Spain’s Ministry of the Interior could change the way citizens and the media obtain data. Now, a significant portion of documents may be classified as confidential at the leadership’s discretion, potentially affecting government transparency. This decision is particularly important for Spaniards, as it impacts basic rights to information and may restrict public oversight of authorities’ actions.
The Ministry of the Interior is preparing an internal order that would allow documents to be classified as ‘confidential’ or ‘restricted circulation’ if, in the leadership’s view, their publication could harm the country’s interests. Unlike previous regulations, these new rules do not require parliamentary approval or external oversight. As a result, access to materials on police operations, penitentiary institutions, and international cooperation may be restricted for up to 15 years.
Expanding authority
According to the draft, the authority to restrict access to information will be granted to 11 high-ranking officials at once, including the minister, their deputies, and heads of key departments. Previously, such decisions were made only at the level of the security secretary, but now the number of people able to close access to data is significantly expanding. This raises concerns among experts, as there is no clear list of grounds for secrecy, and decisions will be made at the discretion of the political leadership.
The order also introduces a new category—’sensitive information,’ which is divided into three levels: for official use, for internal use, and for public access. Documents assigned to the first category will circulate only within the ministry or among affiliated organizations, and the restriction period can reach up to 15 years. Internal materials will not leave the department at all without special permission.
Lack of oversight
The draft order does not provide mechanisms for appealing secrecy decisions, nor does it establish deadlines for considering information access requests. This means that citizens, journalists, and even parliamentarians will not be able to obtain closed materials directly, and requests through the Transparency Portal can be rejected without explanation. External oversight bodies will only be able to review such documents if there is a direct legal mandate.
Lawyers and members of advisory bodies point out that such a system may contradict the Spanish Constitution, as any restriction on access to information should be regulated by law, not by an internal ministerial order. In addition, the new procedure could lead to a ‘defensive’ classification of documents, with inconvenient materials for the authorities automatically closed from the public.
Reaction and consequences
In parliament, accusations have already been directed at the Ministry of the Interior for reinforcing a trend toward opacity. Opposition representatives note the growing number of complaints to the Transparency Council over refusals to provide information on expenses, business trips, and contracts. According to RUSSPAIN.COM, this ministry is considered one of the most secretive in the country.
The explanatory note to the order claims that the new rules do not affect the protection of personal data and do not require additional budget spending. However, the implementation of new control systems and staff training, as well as the technical support needed to handle the new secrecy categories, will inevitably lead to extra costs and complicate procedures.
The introduction of new regulations comes amid increased scrutiny of the government and ongoing legal proceedings involving the prime minister’s inner circle. In this context, many experts view the initiative as an attempt to strengthen control over information in an atmosphere of political pressure. Similar measures have previously been discussed, when the Ministry of the Interior of Spain changed its protection protocols and tightened security procedures in response to new challenges.
In recent years, there have been repeated debates in Spain over access to government data and the transparency of official agencies. For instance, discussions on the classified information law remain stalled in parliament, while outdated regulations from 1968 are still in force. The Transparency Council, judicial authorities, and civil society groups regularly raise the need to update legislation and strengthen protections for citizens. Against this backdrop, any attempts to restrict access to information spark widespread public reaction and fuel intense political debate.
