Secrets of State and the Right of Access in Spain

Pilar Cousido González


After 10 terms in office, since 1978, no Spanish Government has consistently considered replacing the Francoist Official Secrets Law (Law 9/1968, slightly amended in 1978), with a law suitable for the current democratic rule of law and these advanced times, in the context of the technological revolution and the era of open governments. However, there seem to be strong reasons for a change to be implemented in a field which tends to arouse suspicions among the general public and the mass media. 

Only as recently as in 2013 has a Spanish Government dealt with the right of access to public information and with the principle of transparency. For the time being, none has dared to produce a new law on official secrets. It is the aim of this contribution to define the current Spanish legal context of the official secrets in order to make the change of law easier.

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