How to guarantee the right of interested parties not to provide data or documents that are already in the possession of the Administrations?

In accordance with Law 39/2015, of 1 October, on common administrative procedure of public administrations (LPACAP), public administrations (AAPP) must not require interested parties data or documents not required by regulations. applicable, which have been prepared by any Administration or which have previously been provided by the interested party to any Administration.

As a preliminary matter, it is important that all AAPPs carry out a prior review of all the procedures available to the public, in order to identify the documentation that should not be required because it is in the possession of any AAPP and that will form part of the Catalog of Interoperable Data and Documents to be prepared by each AAPP. In this case, it is advisable that the description of the procedure incorporates the documentation associated with the procedure that is already in the possession of the AAPP, thus avoiding that the interested party has to provide it.

Despite this, we can find that the person concerned must provide documentation of a private nature, and alleges that he has already submitted it to another public administration.

In order to be able to consider this case in the ordinary procedure, it will be necessary to include in the application forms a section in which the interested party can state this fact, indicating to us before which administrative body he presented the mentioned documents. It can also be useful for the purpose of locating the documentation, for the interested party to indicate on the form the entry number of the document or the date of submission.

Legal Context

Law 39/2015:

Article 28. Documents provided by those interested in the administrative procedure.

“3. Administrations should not require interested parties to submit original documents, unless, exceptionally, the applicable regulations provide otherwise.

Likewise, public administrations do not require interested parties to provide data or documents not required by the applicable regulations or which have previously been provided by the interested party to any Administration. To this end, the interested party must indicate at what time and before which administrative body he submitted the aforementioned documents, and public administrations must request them electronically through their corporate networks or by consulting the data intermediation platforms or other electronic systems enabled for this purpose. It is presumed that such consultation is authorized by the interested parties unless the procedure expressly states their opposition or that the applicable special law requires express consent; in both cases, they must be informed in advance of their rights regarding the protection of personal data. Exceptionally, if the public administrations cannot obtain the aforementioned documents, they may ask the interested party to provide them again. ”

Article 53. Rights of those interested in the administrative procedure

“1. In addition to the other rights provided for in this Law, those interested in an administrative procedure have the following rights:

[...]

d) Failure to submit data and documents not required by the rules applicable to the procedure in question, which are already in the possession of the public administrations or which have been prepared by them. [...] ”

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