When a person submits a request to a Public Administration (PA), they have the right not to have to provide the data and/or documents required by the regulations applicable to the specific procedure, either because that PA already has them or either because they have been prepared by another administration.
The above, without prejudice to the fact that the interested person can present the documentation he considers appropriate.
In any case, to guarantee the right of citizens not to provide data and documents, the competent PA can collect the documents through its own corporate networks or consult the data through the Via Oberta service of the AOC Consortium.
It must be taken into account, however, that certain data and documents cannot be consulted between APs and, therefore, the interested person will have to provide them; for example, the Catalan level C accreditation certificate.
You will find information on what can be consulted on the AOC Support portal, where there is a list of interoperable data and documents , classified according to the entity that offers them (General Administration of the State, Generalitat de Catalunya, Local Administration or professional colleges); in addition, with respect to each data, there is also a service letter that details the organizational aspects of the inquiries.
Before answering the question raised, it is appropriate to make a brief distinction between the concept of query and data verification. As will be seen below, this differentiation is relevant to the treatment of the consent of the interested persons who must make the PAs.
On the one hand, we have already seen that interested parties can exercise their right not to provide personal data and documents within the framework of an administrative procedure.
When this happens, the AP not only has the obligation to consult the data and documents relating to the person concerned (for example, a visa technical project) but, in addition, the AP must accredit the transferor of the data that the person has not objected to the consultation or has consented to it (when specific regulations require consent).
On the other hand, the APs can also verify the personal data contained in the forms (for example, the identification number of the National Identity Document), in order to check their accuracy.
Unlike the data query, the verification of the data is an administrative power for which the AP exercises it without the need to certify that there is no express opposition from the interested person (or, with your express consent).
All this is relevant for the purposes of drawing up the forms for the procedures, more specifically, to include sections where the person's non-opposition or consent is recorded and also to provide complete information about the consultations that will be carried out.
Thus, there are three scenarios to consider when drafting the consent clause, which are:
- No opposition: it is the general regime applicable in accordance with the procedural regulations, the AP can make the inquiries unless the interested person expressly opposes them. The opposition implies that the person: 1) justifies the reason(s) for which they oppose and, 2) provide the required documentation.
- Express consent : unlike the previous one, the express authorization of the interested person is only applicable when the specific regulations of the procedure provide for it. This is the case, for example, of a request where tax data must be indicated for non-tax procedures (public procurement, licences, aid, grants and subsidies, procedures related to human resources, etc.).
- Legal authorization: the form does not give, to the interested person, the possibility to object or to give consent, but it is the case in which the AP is legally authorized; for example, a penalty procedure.
It is important to emphasize that the 3 previous scenarios can coincide, since in the same procedure several data can be consulted to which a different regime applies.
Law 39/2015: art. 28
Organic Law 3/2018: DA 8a
Via Oberta , e-TRAM and i-ARXIU