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What it is

Proposal to limit official document secrecy to 30 years

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 3 February 2014. Introduced by: Grupo Parlamentario de IU, ICV-EUiA, CHA: La Izquierda Plural.

Official title: Private member's bill to reform Law 9/1968, of February 5, on Official Secrets.

Follow this law

Source: Congreso de los Diputados, file 122/000146· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would reform the Official Secrets Law, in force since the Franco era, to adapt it to the Constitution and to transparency rules. Its goal is to end the situation where a document can remain classified indefinitely.
  2. The bill proposes that only the Council of Ministers may declare matters classified, and that it must do so through a reasoned decision explaining the reasons. Currently that power also belongs to the Joint Chiefs of Staff, a body that no longer exists.
  3. Classifications as secret or reserved would last 30 years, extendable twice for 10-year periods if the Council of Ministers expressly and with reasons agrees. The Council of Ministers could also lift classifications at any time.
  4. Documents already classified before the reform would have as their maximum term the one set by the new law, counted from the original declaration. The law would take effect the day after its publication in the Official State Gazette.

Who it affects

  • Citizens and researchers: They could access official documents automatically declassified after 30 years, which mainly affects research on the Civil War and the dictatorship.
  • The Government (Council of Ministers): It would hold exclusive power to classify and declassify documents, with a duty to give reasons for its decisions.
  • Public administrations: Their files could no longer be kept secret indefinitely.

Words worth knowing

Materias clasificadas (classified matters)
Official issues, documents or data whose knowledge by unauthorized persons could harm the security or defense of the State.
Calificación (classification)
An official decision declaring something secret or reserved.
Resolución motivada (reasoned decision)
A written decision that explains the reasons justifying it.
Consejo de Ministros (Council of Ministers)
The body made up of the Prime Minister and the ministers, which makes the Government's most important decisions.
Desclasificación (declassification)
Lifting the secrecy of a document so it can be consulted.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced3 February 2014Someone registers the text in the Congreso.
  2. Admitted11 February 2014The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Dec 201411. 3 February 2014: Presentación22. 11 February 2014: Boletín Oficial de las Cortes Generales Publicación desde 11/02/2014 hasta 14/02/201433. 11 February 2014: Calificación44. 14 February 2014: Gobierno Contestación desde 14/02/2014 hasta 22/03/201455. 22 March 2014: Pleno Toma en consideración desde 22/03/2014 hasta 27/10/201566. 27 October 2015: Concluido - (Caducado) desde 27/10/2015 hasta 20/11/2015

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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