In accordance with Law 39/2015, of October 1, on the common administrative procedure of the Public Administrations (LPACAP), the Public Administrations (AAPP) must not require data or documents not required by the regulatory regulations from the interested parties applicable, that have been drawn up by any Administration or that have been previously provided by the interested party to any Administration.

As a preliminary matter, it is important that all the AAPPs carry out a review of all the procedures available to citizens in advance, to identify those documents that should not be required because they are held by any AAPP and that will form part of the Catalog of Interoperable Data and Documents that each AAPP must prepare. 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 may find that the interested person must provide documentation of a private nature, and claims that he has already submitted it to another public administration.

In order to be able to consider this case in the ordinary processing, it will be necessary to include in the application forms a section in which the interested party can state this fact, while indicating to us to which administrative body the aforementioned documents were presented. It can also be useful for the purpose of locating the documentation, that the interested party indicates the entry registration number of the document or the date of presentation on the form.

Legal context

Law 39/2015:

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

"3. The administrations must not require the interested parties to present original documents, unless, exceptionally, the applicable regulations establish otherwise.

Also, the public administrations do not require data or documents from the interested parties that are not required by the applicable regulations or that have been provided previously by the interested party to any Administration. For these purposes, the interested party must indicate at what time and to which administrative body he presented the aforementioned documents, and the public administrations must request them electronically through their corporate networks or by consulting the data brokerage platforms or other electronic systems enabled for the purpose. It is presumed that this consultation is authorized by the interested parties unless the procedure states their express 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 can ask the interested party again to provide them."

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) Not to present 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 drawn up by them. [...]"

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