Puerto Rico Governor Jenniffer Gonzalez Signs Bill Critics Say Limits Access to Public Information

Governor Jenniffer Gonzalez of Puerto Rico has signed a controversial bill that critics argue restricts access to public information, potentially undermining democracy and transparency. The law extends the time for government agencies to release documents, raising concerns among journalism and civil rights groups.

Puerto Rico's Governor, Jenniffer Gonzalez, has enacted a controversial bill that critics argue undermines democracy by complicating access to public information. This US territory has long struggled with government transparency issues. Gonzalez stated the bill revises an existing law to clarify rules, prevent confusion, and decrease what she described as a "considerable number of lawsuits." It also introduces penalties for non-compliance.

More than a dozen journalism and civil rights organisations have opposed the bill, highlighting that only one day of public hearings was conducted with little notice. "It is inconceivable that Puerto Rico's leaders would go out of their way to harm their constituents' access to information and degrade the quality of press freedom on the island," said Clayton Weimers, executive director for Reporters Without Borders in North America.

Extended Timeframes for Information Release

The new legislation allows government agencies 20 business days instead of 10 to provide documents under 300 pages or created within the last three years. For documents exceeding 300 pages or older than three years, agencies now have up to a month, with a possible 20-day extension. The ACLU of Puerto Rico criticised the governor's decision, stating, "The law is not in anyone's best interest, except for any public official who seeks to hinder or prevent the public from receiving the information they have a right to see."

Earlier this month, a coalition of journalism organisations and civil society groups urged the governor to veto the bill. They labelled it a "dangerous infringement on the public's right to know." The letter highlighted that the bill not only doubles the time for releasing requested information but also permits the government to classify information as confidential without judicial review and removes privacy protections for those requesting information.

Impact on Public Trust and Transparency

The bill also eliminates the government's previous obligation under a 2019 law to provide information in the requested format, complicating data analysis. It allows denial of valid requests if information is spread across multiple documents or agencies. Obtaining public information in Puerto Rico has historically been challenging, often requiring media organisations to resort to legal action despite a 2019 law aimed at improving access.

The 2019 law acknowledged that citizens and the press face costly and lengthy court processes when requesting public information. Although access rights are constitutionally protected, lack of enforcement mechanisms leads to frequent violations. The law noted that many governments promised transparency but failed to deliver, contributing to eroded public trust in a complex and opaque bureaucratic system.

Legislative Approval Process

Puerto Rico's Senate passed the bill in mid-October with 18 votes in favour and nine against, without holding public hearings. The House approved it in November after just one day of hearings, with 29 votes in favour and 24 against. A local newspaper previously highlighted delays by publishing its requests for public information alongside how long it took state agencies to respond.

This legislative change reflects ongoing challenges in balancing transparency with administrative processes in Puerto Rico. The new law's implications on public access to information remain a contentious issue among journalists and civil rights advocates.

With inputs from PTI