The Government approves the Classified Information Act, which establishes the declassification of top-secret documents at 45 years of age

The Minister for the Presidency, Justice, and Parliamentary Relations, together with the Minister for Education, Vocational Training and Sports, and the Minister for Equality, explain the agreements adopted by the Executive. (Pool Moncloa / Jose Manuel Álvarez)

The Council of Ministers has approved the referral to Parliament of the Classified Information Bill , which will replace the pre-constitutional Official Secrets Law of 1968.

The future law was presented to the Council of Ministers on 1 August 2022, and after the general elections of 23 June 2023, it has been taken up again with the corresponding mandatory reports, among which the minister highlighted the unanimous report issued by the Council of State, and in accordance with the recommendations of the European Commission.

The Minister for the Presidency, Justice and Parliamentary Relations, Félix Bolaños, stressed that the regulation brings us into line with the most advanced democracies and responds to the right of citizens to know sensitive information, provided it does not affect security and defence.

The future law defines classified information as "any information whose unauthorised disclosure or misuse could threaten or harm national security or defence". It establishes four categories of classification: top secret, secret, confidential, and restricted.

Each is assigned a different level of protection depending on the danger that unauthorised disclosure or misuse may pose to national security or defence.

The Minister for the Presidency, Justice, and Parliamentary Relations, Félix Bolaños, at the press conference following the Council of Ministers meeting. | Pool Moncloa / Jose Manuel Álvarez

The head of the Ministry for Presidency explained that the power to classify and declassify any document as top secret and secret rests solely and exclusively with the Council of Ministers. The declaration of confidential or restricted documentation is limited to a limited number of authorities: the President of the Government of Spain, the heads of the vice-presidencies, the ministers, the Secretary of State for Security, the Secretary General of Penitentiary Institutions, the Director of the CNI, the Chief of Defence Staff, the Chief of Staff of the Army, the Chief of Staff of the Air and Space Forces, and the Admiral Chief of Staff of the Navy.

The law develops safeguarding procedures to classify, declassify, and reclassify any information or documents. To this effect, any citizen with a personal or professional interest, such as journalists, may appeal against the classification of a document and the Third Chamber of the Supreme Court will decide the outcome.

Bolaños stressed that "the classification of information will always be exceptional and must be done in a reasoned manner, and in accordance with criteria of suitability, necessity and proportionality". As a novelty, the minister advanced that "in no case will it be possible to classify information or documentation that affects serious human rights violations or crimes against humanity".

Automatic declassification of information and sanctions

Another of the novelties highlighted by the minister is that for the first time in the history of Spain, automatic declassification is established after a certain period of time, which depends on the level of protection of the cases.

Top secret content will be declassified after 45 years and may be extended for a further 15 years; and secret content after 35 years, with an extension of up to 10 years. Information classified as confidential will be declassified after between 7 and 9 years, and restricted information after between 4 and 5 years, both without the possibility of extension. According to the minister, these deadlines will be reviewed periodically to check whether the documentation continues to affect defence or national security. In addition, the classification can be linked to a specific event, such as the end of a certain event, a war, or the death of a person.

As for information classified before the entry into force of this law, it will be automatically declassified after 45 years, unless there is still a national security or defence reason that justifies its classification. Irrespective of this, any person with a personal or professional interest may call for declassification, which will be done gradually.

The law also establishes penalties for improper access to or dissemination of classified information, ranging from €300,000 for less serious offences, from €300,001 to 800,000 for serious offences, and from €800,001 to €2.5 million for offences that threaten national defence and security.

The National Authority for the Protection of Classified Information will be the body responsible for the protection and handling of all information of national origin, except restricted information and information originating from other states or international organisations. It will also assess the suitability of persons who should have access to information and regulate parliamentary access.

Guarantee of journalists' right to professional secrecy

The Minister for the Presidency, Justice, and Parliamentary Relations, Félix Bolaños, at the press conference following the Council of Ministers meeting. | Pool Moncloa / Jose Manuel Álvarez

The Executive has presented the Draft Bill of the Organic Law regulating the right to secrecy of information professionals and media service providers, which has been agreed with the main journalists' unions and associations in Spain.

The initiative complies with the constitutional mandate that establishes the right to communicate and receive truthful information by any means of dissemination, and will regulate for the first time the right to professional secrecy in the exercise of these freedoms. Félix Bolaños said that its aim is to "protect the work of information professionals, including the confidentiality of their sources and communications".

The minister explained that the text regulates journalists, the media, and those people in their professional or personal environment who may know the identity of the sources as holders of the right. Any judicial intervention affecting professional secrecy must be subject to prior, rigorous, and effective control.

The rule also regulates what constitutes professional secrecy, which includes the right not to reveal the sources, the channel through which the information was transmitted, or any other information that could identify the source. Judges and courts may only order identification proceedings when there is serious and imminent harm to someone's life, physical integrity or security, or when there is a serious and imminent risk to national security or to the constitutional system. They may also authorise the installation of computer surveillance software on the devices of rightsholders, but this power will be limited to investigations of particularly serious crimes.

Bolaños added that the draft bill envisages facilitating the implementation of self-regulation mechanisms for information professionals, such as codes of ethics or good practices.

Implementation of the Action Plan for Democracy

Félix Bolaños stressed that the two laws presented today are part of the Action Plan for Democracy presented by the Government in September 2024. He added that of the 31 measures included in the plan, 18 (60%) have already been definitively approved or are in the process of being approved.

LGTBI and transgender state strategies

The Minister for Equality, Ana Redondo, during the press conference following the Council of Ministers meeting. | Pool Moncloa / Jose Manuel Álvarez

The Council of Ministers has approved the first LGTBI Strategy and the first State Transgender Strategy which, as explained by the Minister for Equality, Ana Redondo, are "two global documents that aim to be the map of all the measures that are being applied in our country in defence and guarantee of the rights of LGTBI people".

The aim of both, he reiterated, is to demonstrate the ecosystem of guarantees, of recognition of freedom, of inclusive diversity that our country possesses, and to make this visible, above all, in the face of the international reactionary wave, as a fundamental element from which other countries can draw inspiration to move towards inclusive citizenship.

Ana Redondo recalled that there are five million LGTBI people in Spain, of whom one in five say they have experienced some kind of harassment in different areas, and one in four have felt discriminated against at some point. In recent years, hate crimes have increased by around 10% and in 800,000 cases of direct violence an LGTBI person has been involved. Likewise, an international reactionary wave of hatred is also spreading to Spain, a country that stands as a "bulwark" and a reference where "LGTBI people are free, recognised, and their diversity is inclusive and integrated into our democracy".

Content of the strategies

The Minister for Equality pointed out that representatives from different ministries, autonomous communities, municipalities, trade unions and employers' organisations, NGOs, universities, and experts in the field have taken part in the drafting of both documents.

The minister specified that the strategies are organised along three axes. The first is governance, with the incorporation of LGTBI people from administrations that are not currently present in the Participation Council, and the creation of the figure of Ambassador-at-Large for the protection of LGTBI people at international level.

The second is social transformation, which aims to generate protocols for the creation of safe spaces in schools, employment, and health. This axis also incorporates the inclusive health system by establishing reference centres specialised in the health of specifically trans people, and protocols for affective-sexual education. And the third axis is visibility and recognition, because according to the minister, "trans people tell us about their invisibility and the lack of references".

Direct support to ensure professional care for ALS patients

The Minister for Education, Vocational Training, and Sports, Pilar Alegría, at the press conference following the Council of Ministers meeting. | Pool Moncloa / Jose Manuel Álvarez

The Government has regulated the direct award of a €10 million grant to the National Consortium of ALS Entities, with the aim of improving the quality of life of people affected by ALS in advanced stages.

Minister for Education, Vocational Training and Sports and Government Spokesperson Pilar Alegría said that this decision will allow ALS patients in advanced stages to have professional care 24 hours a day.

She recalled that this initiative is part of a plan drawn up by the Government to care for those affected, prior to the entry into force of the law to improve the quality of life of people with Amyotrophic Lateral Sclerosis and other highly complex and irreversible diseases or processes approved by the Lower House of Parliament. "It seeks to provide an agile, homogenous response throughout the territory, guaranteeing care for these people", the minister stressed.

Reception of unaccompanied migrants

The Council of Ministers has approved the Royal Decree that establishes the necessary actions for the reception of unaccompanied migrant children and adolescents, and represents a further step to begin relocations between the different territories of the country in a sustainable and supportive manner.

Pilar Alegría stated that these actions also respond to the situation in territories such as the Canary Islands, Ceuta and Melilla.

Congratulations to the artistic swimming team

During her appearance at the press conference following the Council of Ministers, the spokesperson expressed the Government's recognition of the Spanish sportspeople who are achieving numerous successes in different sporting competitions.

In particular, Pilar Alegría congratulated Iris Tió, who has made history by becoming world champion in artistic swimming, as well as the rest of the Spanish delegation, who are likewise obtaining magnificent results in Singapore, where the championships are being held.

Non official translation.