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Spain: Secrecy on police procedures

01 March 1996

The Spanish Cabinet, meeting on 1 March, passed a resolution empowering it to define as state secrets information relating to the anti-terrorist activities of the police and the Guardia Civil. The secrecy covers "the structure, organisation, means and operational techniques of the state security forces in combating terrorism, along with their sources, and any information or data which could disclose such matters". The files of the prison service relating to terrorism are also classified as secret. The Data Protection Agency, an official body which protects the privacy of citizens in relation to the use of computers, requested the government to review the decision. The agency warned that adherence to the decision could seriously hinder international co-operation in the fight against terrorism since, if the government ruling covers police files on terrorist offences, Spain would be unable to exchange the data with other European police forces in the Schengen group. The secrecy accorded the files would place them beyond the authority of the agency, and the fact that individuals would have no right to see, correct or delete data was unconstitutional in that it was a restriction on rights without specific legal authority. Moreover the ruling would obstruct legal proceedings in cases related to terrorism, in that the Cabinet would be obliged to declassify information in each case before the courts. The Spanish Ombudsman has also requested information from the government about the ruling. Kontrola Kontrolpean, Euskadi (Spain).