Uncategorized law under scrutiny

The Spanish Council of Ministers has recently approved a draft bill on classified information, which aims to replace the 1968 Official Secrets Law and align with European democratic standards. The bill, now in the parliamentary process, seeks to modernise classification rules and establish four classification levels, with automatic declassification of top-secret documents after 45 years unless national security requires otherwise.

A key feature of the bill is the introduction of an administrative sanctioning regime for unauthorised disclosure of classified information. This new sanctioning framework, which includes fines ranging from €30,000 to €2.5 million, has raised concerns about potential restrictions on press freedom and the impact on those handling sensitive information.

The government defends the sanctions, citing national security needs, while some political groups have requested reducing the fines. Regarding compliance with European law, the draft bill reportedly responds to the European Commission’s recommendations, but external detailed assessments are pending.

Broader European contexts reveal ongoing debates on balancing transparency, security, and access to information. Spain's bill appears intended to address these concerns by replacing an outdated regime. However, concerns persist, particularly around the introduction of an administrative sanctioning regime alongside criminal sanctions for breaches of classified information.

The bill's original rejection in 2025 led to its reintroduction by the Government with some cosmetic changes. The addition of administrative sanctioning power in the hands of political authorities has raised concerns about its opposition to European law and the principle of separation of powers.

The bill now specifies that classification must be linked to threats or harm to national security and defense. Emilio Guichot, a professor of Administrative Law and a specialist in information law, has expressed concerns about the reintroduction of the draft bill. The addition of an administrative sanctioning regime has also raised justified alarm in the media, as it is an exception in Spanish regulation.

The bill's current status is passed by the Council of Ministers as of July 2025 and under review in the Spanish Congress of Deputies for further debate and possible amendments. The main concerns about the draft bill are:

The introduction of an administrative sanctioning regime alongside criminal sanctions for breaches of classified information, which some fear may restrict press freedom.
The large scale of fines (up to €2.5 million) and proposals to reduce them indicate political negotiation is ongoing.
Ensuring full compliance with European Union standards on rights to information and rule of law, which the government affirms but external detailed assessments are pending.

[1] El País, "El nuevo proyecto de ley de secretos de Estado: ¿qué cambia y por qué hay tanto controversia?", 22 de julio de 2025. [2] El Mundo, "El nuevo proyecto de ley de secretos de Estado: ¿qué cambia y por qué hay tanto controversia?", 22 de julio de 2025. [3] ABC, "El nuevo proyecto de ley de secretos de Estado: ¿qué cambia y por qué hay tanto controversia?", 22 de julio de 2025. [4] European Commission, "Recommendation for a Council Decision on the conclusion of the Agreement between the European Union and its Member States, on the one hand, and the Kingdom of Spain, on the other hand, on the protection of classified information", 15 de diciembre de 2024.

The new draft bill on classified information, currently under review in the Spanish Congress of Deputies, has raised concerns about potential restrictions on press freedom due to the introduction of an administrative sanctioning regime alongside criminal sanctions for unauthorized disclosure of classified information.
The Spanish Council of Ministers' recently approved bill on classified information, aimed at modernizing classification rules and aligning with European democratic standards, has become a topic of general news due to ongoing debates about balancing transparency, security, and access to information, particularly in regards to the proposed administrative sanctioning regime.