Puerto Rico’s governor signs a bill that critics say will restrict public access to information

SAN JUAN, Puerto Rico (AP) — Puerto Rico Gov. Jennifer Gonzalez signed a controversial bill Sunday that critics say is a blow to democracy and would make it more difficult for the public to access information in the U.S. territory long known for its lack of government transparency.

Gonzalez said the bill would replace existing law to provide more defined rules, avoid confusion and reduce what she called “a legal number of lawsuits.” She said that fines have also been set for those who do not comply

More than a dozen journalism organizations and civil rights groups have rejected the bill, citing a one-day public hearing on short notice.

“It is unthinkable that Puerto Rico’s leaders would go out of their way to harm their constituents’ access to information and reduce the quality of press freedom on the island,” said Clayton Weimers, executive director of Reporters Without Borders in North America.

With the new law, government agencies now have 20 days instead of 10 to hand over documents that are less than 300 pages or created in less than three years.

Agencies now have up to a month to release documents that are 300 pages or more than three years old, retaining the 20-day extension.

“By signing this measure into law despite widespread opposition, the governor is making it clear that his interest is not in government transparency,” the ACLU of Puerto Rico said. “(The law) is not in the interest of anyone, except any public officials who seek to obstruct or prevent the public from obtaining information that they have a right to see.”

Earlier this month, a coalition of journalism organizations and civil society groups sent a letter to the governor urging him to veto the bill, calling it a “dangerous violation of the public’s right to know.”

The letter noted that the bill would not only double the time frame for government agencies to release requested information, it would “allow the government to classify information as classified without judicial review and remove individual privacy protections for those requesting the information.”

The bill also “removes the government’s previous obligation under the 2019 law to provide information in the requested format, makes data analysis more difficult … (and) would allow the government to deny legitimate requests because the information is spread across multiple documents or agencies,” according to the letter.

Access to public information has long been difficult in Puerto Rico, often forcing local media organizations to go to court even though the government approved a law in 2019 to allow access to public information held by state agencies.

The 2019 law states in Puerto Rico, “Citizens and the press are subject to discretionary court procedures that are costly and can take months when they request public information. Although the right to access information is enshrined in the Constitution, the lack of procedural mechanisms to enforce it leads to frequent violations.”

The 2019 law also said that “many governments have promised transparency but never committed to it. This is a factor that has contributed to the erosion of public trust in government, which has become a complex, bureaucratic and opaque structure in its decision-making.”

Several years ago, a local newspaper made a habit of publishing its requests for public information and how much time passed without receiving a response from state agencies.

Puerto Rico’s Senate approved the bill in mid-October with 18 votes to 9 without a public hearing. The House passed it in November after just one day of hearings, with 29 votes in favor and 24 against.