FIRST.- Two new directives have changed part of the Administrator-Managed relationship. Now, the Administration has the obligation to be absolutely transparent with the administered; but the administered has the right not to be transparent with the Administration. And when we talk about public administrations, we must understand all of them: AEPD, CNMV, DGT, Municipalities and, in the part that concerns them, courts and tribunals.
SECOND.- Law 39/2015 continues to preserve this right of the interested parties, not to provide documentation provided that it is in the possession of the acting Administration or has been drawn up by any other Administration. Nevertheless, the relevance of the modification introduced is centred on the fact that it eliminates the need to obtain the consent, whether express or tacit, of the citizen.
THIRD.- For the General Regulations on Data Protection and the new Organic Law, the consultation of documentation by the Administration is not legitimized by the consent of the data subject himself, but rather by the fulfilment of a mission carried out in the public interest or, in particular, in the exercise of public powers.
FOURTH.- The interested party may veto this consultation in whole or in part, by virtue of his/her right to defence, AND MAY NOT BE PUNISHED FOR IT. The management procedure must be carried out through the channels of Directive 2019/1937.
FIFTH.-Transparency and access to the administration must be total. The lack of this is an infringement of citizens’ rights. On the contrary, citizens can limit the information they can consult about themselves to the administration. What Directive 2019/1937 does is to create a fast and efficient channel to be able to purge officials’ PERSONAL responsibilities, in case this does not happen.
SIXTH.- We understand, therefore, that there is sufficient legal basis to challenge any sanction received for not accepting a forced self-incrimination.
SEVENTH.- Interoperability is a prerequisite for facilitating interaction with citizens, and in particular for making the one-time-only principle a reality. The bottom line is to tell public administrations to agree among themselves, to interact, to collect documentation from other administrations and to leave the citizen alone.