Request for access to public information from any conselleria (regional ministry), body or entity pertaining to the Generalitat by virtue of the regulations on transparency. - GVA.ES

Processing:

1. If the request concerns information that is not held by the body to which the request is addressed, the latter will forward it to the competent body, if known, and will inform the applicant of this fact.

2. If the request does not sufficiently identify the information required, the applicant will be asked to specify it in greater detail within ten days, stating that if the applicant fails to do so, they will be deemed to have withdrawn their request and the time limit for issuing a decision will be suspended.

3. If the information requested could affect the rights or interests of third parties, duly identified, they will be granted a period of fifteen days in which to make such representations as they deem appropriate. The applicant will be informed of this circumstance, as well as of the suspension of the time limit for issuing a decision until the representations have been received or the time limit for their submission has elapsed.

4. Where the information which is the subject of the request, although held by the subject to whom the request is addressed, has been prepared or generated in whole or in major part by another party, the request will be forwarded to the latter for a decision on access.

5. The rules regarding the grounds for rejection of applications will be those set out in Article 18 of Law 19/2013, on transparency, access to public information and good governance, and in Articles 44 to 49 of Decree 105/2017, dated 28 July.

Resolution:

1. The decision granting or refusing access must be notified to the applicant and to the third parties concerned who have so requested within a maximum period of one month from the receipt of the application by the body competent to decide. This period may be extended by a further month if the volume or complexity of the information requested makes it necessary and subject to prior notification to the applicant.

2. Reasons will be given for decisions denying access, for decisions granting partial access or access in a form other than that requested, and for decisions granting access where there has been opposition from a third party. In the latter circumstance, the data subject will be expressly informed that access will only take place once the period provided for in Article 22.2 of Law 19/2013, dated 9 December, has elapsed.

3. Where the mere indication of the existence or non-existence of the information would imply a breach of any of the limits to access, this circumstance will be indicated when rejecting the request.

4. If the maximum period for a decision has elapsed without a decision having been issued and notified, the application will be deemed to have been rejected. The competent body will be obliged to provide the information requested, except for information that could clearly conflict with other protected rights, or information whose total or partial refusal is expressly required by law. In such cases, the information will be dissociated, giving a reasoned account of this

circumstance.