The Minister of Justice and Spanish parliamentary relations Félix Bolaños García presented on 22 July the legislative project to change the law on state secret, as can also be deepened on the Ministry website.
The law currently in force, the one that you want to modify, has been promulgated in 1968 during the Franco dictatorship and signed by Luis Carrero Blancoprime minister during the regime, and was then updated before approval of the Constitution in 1978. Currently, therefore, State secrets in Spain do not expireand can remain precisely “secret” potentially forever. In order to be made public, a special request must be made and it is necessary to analyze on a case -by -case basis.
Bolaños, on the other hand, wants to standardize the provisions on the state secret to Spain at NATO and EU directivesto which Italy also adheres to – so he said – advance as a mature democracy, guaranteeing citizens the right to knowin particular to obtain information on a particularly dark period of Spanish history. He also guaranteed that he is naturally defending the safety of the country.
How does the classification of secret documents work according to EU standards and born?
The intent of Félix Bolaños García It is precisely to standardize the Spanish law with what has already been arranged by NATO, of which Spain has been part since 1982, and of theEuropean Council.
The information relating to the “State Secret” is in fact classified according to four security levels:
- Top secret: unauthorized dissemination could cause prejudice of exceptional gravity to the essential interests of the EU or one or more Member States.
- Secret – Secret: unauthorized dissemination could seriously damage the essential interests of the EU or one or more Member States.
- Confidential – confidentiality: unauthorized dissemination could harm the essential interests of the EU or one or more Member States.
- Restricted – Reserved: unauthorized dissemination could be disadvantageous for the interests of the EU or one or more Member States.
What therefore defines the classification in the four levels is the extent of the damage that can be caused to the country. It is also possible to deepen on the Official Journal of European Union.
What will change in Spain with the declassification of secret documents?
For the first time by the law signed by Carrero Blanco in 1968, they will therefore be provided deadlines regulated for the declassification of documents:
- defined information Top secret they are made public after 45 years, extendable to 60
- information Secret After 35 years, extendable to 45
- those Confidentiality they have a period of secrecy ranging from 7 to 9 years
- those Reserved from 4 to 5 years
However, the law currently approved provides for the Vacatio legis – the period between the publication of a law and its entry into force – of one year: this means that, if it is published in the Official Gazette by the end of 2025, enter officially in force by the end of 2026.
The novelty of the bill is then related toautomatic declassification – therefore liberation from the “secret” – for all information dating back to more or at least 45 years ago.
Bolaños has therefore declared that this measure will also concern the secret documents relating to Coup d’état of 23 February 1981regarding which you can consult the first page in the newspaper La Stampa of the immediately following day.
In any case, it will be evaluated If the reasons that have foreseen the classification as “State Secret” remain And if there are no direct implications on national security.
The new law, declared the minister, establishes the necessary procedures not only for the declassificationbut also for the classification And reclassification.
“The classification” said Félix Bolaños García “will be an exceptional event that must be carried out in a reasoned way and in compliance with criteria of suitability, necessity and proportionality in the strict sense”.
