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Spain’s Supreme Court weighs Transparency vs AML law

Spain’s Supreme Court building in Madrid, representing the decision on anti-money laundering and transparency laws

Summary

Spain’s Supreme Court will decide whether the country’s transparency laws apply to sensitive anti–money laundering bodies, after two lower courts ruled that such information must remain secret. The case could reshape how far government transparency reaches into national security and financial intelligence matters.

29/10/2025

Spain’s Supreme Court has agreed to hear a case that could redefine the balance between transparency and confidentiality in public institutions. The country’s Transparency Council has appealed two earlier rulings that blocked public access to the minutes of Spain’s main anti–money laundering commission.

The dispute began when a citizen requested copies of meeting minutes from the Comisión de Prevención del Blanqueo de Capitales e Infracciones Monetarias, a government body that coordinates Spain’s fight against money laundering and terrorism financing.

The Transparency Council, which oversees citizens’ right to access public information, ruled that the documents should be partially released, with sensitive details such as personal data or confidential intelligence removed.

However, the government agency involved refused to comply, arguing that Spain’s Anti–Money Laundering Law (Law 10/2010) imposes strict confidentiality rules that override the Transparency and Good Governance Law (Law 19/2013).

Two lower courts agreed with the government, finding that the secrecy provisions of the anti–money laundering law take precedence and therefore prevent any disclosure. The Transparency Council has now taken the matter to the Supreme Court, asking it to clarify whether the anti–money laundering legislation truly excludes the application of Spain’s transparency framework.

If the Supreme Court rules in favour of the Transparency Council, public bodies could face new obligations to justify secrecy and release at least partial information. A ruling in favour of the government, on the other hand, would reinforce confidentiality across Spain’s financial intelligence structures.

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