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Right of Access to Public Information
All natural and legal persons have the right to access public information held by the CNMC, as recognised by Act 19/2013, of 9 December, on transparency, access to public information and good governance. Public information is understood to be content or documents, in whatever format or medium, that have been produced or acquired in the exercise of the Institution's activities subject to administrative law.
In accordance with Article 18 of Act 19/2013, requests will not be accepted if:
- They refer to information that is in the process of being prepared or generally published.
- They refer to information of an auxiliary or supportive nature such as that contained in notes, drafts, opinions, summaries, communications and internal reports or between administrative bodies or entities.
- They are related to information whose disclosure requires prior reprocessing.
- They are addressed to a body that does not have the information in its possession when the competent body is unknown. If the competent body is known, the request will be forwarded to it and the applicant will be informed of this transfer.
- They are either manifestly repetitive or abusive in a way that is not justified by the transparency objective of Act 19/2013.
Once the request has been accepted for processing, an assessment will be made as to whether any of the limits to the right of access established in Article 14 of Act 19/2013 of 9 December apply. In addition to these restrictions, Article 15 of the Transparency Act stipulates that if the requested information contains specially protected data, as referred to in Article 7.2 of Organic Act 15/1999, of 13 December, on the Protection of Personal Data, access may only be authorised with the express consent of the data subject. Where applicable, these cases will result in access to the requested information being denied by means of a justified decision.
In other cases in which the application of any of these limits does not affect all of the information requested, partial access shall be granted by omitting the information affected by the limit in question.
Resolution Body
President of the CNMC
Secretary of the Council, by delegation.
Requests and Processing
Requests for access to information can be submitted in person, by mail, or electronically. In all cases, they must clearly specify the information being requested and identify the applicant (name and surname or corporate name, address for notifications, and DNI or NIF). Additionally, although the applicant is not required to justify their request for access to information, they may provide reasons for requesting the information.
Requests must be accompanied by the following “Mandatory Documentation”:
- Requests for access submitted on one's own behalf: photocopy of both sides of the DNI, NIE, passport, or other valid identification document. In the case of legal entities, a photocopy of the DNI, NIE, passport, or other valid document identifying the signatory of the request and a copy of their power of attorney to act on behalf of the legal entity must be attached.
- Requests submitted by a representative: a photocopy of both sides of the DNI, NIE, passport, or other valid identification document of the representative, as well as a copy of the power of attorney or other document accrediting the representation, must also be attached.
In person: the request can be submitted at the General Registry of the National Commission on Markets and Competition at Calle Barquillo nº 5 in Madrid or at any of the registration offices of the Public Administrations, providing the documentation detailed as “Mandatory Documentation.”
By mail: the documentation detailed as “Mandatory Documentation” should be sent to:
National Commission on Markets and Competition
Secretary of the Council - Transparency
C/ Alcalá, 47
28014, Madrid
Electronic Headquarters: the necessary documentation must be submitted through the Electronic Registry of the National Commission on Markets and Competition accessible from the Electronic Headquarters. To do so, following the indicated instructions, the "Document Submission Form in Registry" must be downloaded and completed, along with the documents detailed in the section “Mandatory Documentation,” properly attached.
Limits Applied to the Right of Access to Public Information
The right of citizens to access public information may be limited by the nature of the requested information itself or because it conflicts with other protected interests. Article 14.1 of Law 19/2013, of December 9, establishes an exhaustive list of limits applicable to the right of access in a proportionate and limited manner by its purpose and objective after conducting a harm test (of the interest safeguarded by the limit) and a public interest test in disclosure (where, in the specific case, the public interest in disclosing the information does not prevail).
In compliance with the provisions of Article 14.3 of Law 19/2013, of December 9, the following list includes the latest requests for access to public information processed by this Commission to which some of the applicable limits have been applied.
