Transparency, Access to information and secrecy

Observations on a central and persistent problem

Abstract

After a decade in force, the Spanish Transparency Law has not met expectations for democratic renewal nor clearly reduced corruption, partly because citizens have not increased their demand for public information. A central problem is the persistence of secrecy in the public sphere, rooted in historical state traditions that have barely changed under constitutionalism. In Spain, the 1968 Official Secrets Law survived the democratic transition almost intact, creating a legal anomaly. The classification of information has depended on broad decisions by the Council of Ministers and on subsequent laws prompted by scandals, which introduced weak parliamentary and judicial oversight. The 2013 Transparency Law did not correct this situation either, as the secrecy regime continues to prevail. Repeated attempts at reform have failed. Even so, since August 2025 a new draft law has been under parliamentary review, introducing broad definitions of information, proportionality criteria, human rights limits, and declassification deadlines. It also provides for greater judicial and parliamentary oversight, although with significant shortcomings, especially regarding real access to classification decisions and their supervision.