Puerto Rico
Name of law: (draft) Transparency and Expeditious Procedure[s] for Access to Public Information Act
First adopted: 2021
First adopted: 2021
Introduction
This law does well in terms of the Right of Access and Scope. and adequately well in terms of Requesting Procedures. But it is very weak on Exceptions, mainly because it simply fails to include a regime for this, although one is provided for in the Open Data law. It also does poorly in terms of appeals, because it fails to establish an independent administrative system of recourse, Sanctions and Protections, because it essentially fails to provide for these, and Promotional Measures, where again it simply fails to provide for many of them. Note the Rating also does not cover proactive disclosure. The law is available in English and its original Spanish.
Colaborators
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 5 | 6 |
| 2 | Scope | 26 | 30 |
| 3 | Requesting Procedures | 19 | 30 |
| 4 | Exceptions & Refusal | 7 | 30 |
| 5 | Appeals | 9 | 30 |
| 6 | Sanctions & Protections | 2 | 8 |
| 7 | Promotional Measures | 5 | 16 |
| ∑ = 73 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | YES | 2 | Article II, § 4 of the Constitution. | As interpreted by the courts, such as Ortiz v Bauermeister, 152 D.P.R. 161 (2000). |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | YES | 2 | 3. The public policy of the Government of Puerto Rico is established as follows: 1) The information and documentation produced by the government is presumed to be public and accessible to all persons. 4) All information and all documents that originate in, are held or received by any office of the Government, even if it/they are under the custody of a third party, are presumed to be public and should be accessible to the People and the press. 7) Every person has the right to obtain public information and documentation, subject to applicable regulations and exceptions. | |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | Partially | 1 | Motives: This right is sustained by the democratic principle that citizens should know about, oversee, and pass judgment on the State’s actions. In other words, the right to access to information is the right that enables the citizenry to demand government accountability with respect to governmental actions, which [i.e., accountability] is essential for achieving greater governmental transparency .... The objective of this Law is to ensure compliance with that commitment, foster an unequivocal culture of openness to the Government’s actions, establish a proactive policy with respect to accountability to the citizenry, discourage acts of corruption or unethical actions, promote citizen participation, and institute clear, responsive, and economical rules, regulations, and principles for the full exercise of the right to access to public information. ... By requiring this, we promote accountability, citizen participation, and control in government administration. 12. The enumeration of rights in the foregoing shall not be understood restrictively, nor shall it presume the exclusion of other rights and procedures belonging to persons requesting public information albeit not specifically mentioned, such as the recourse of traditional mandamus. This Law shall be interpreted in the most liberal way, and most beneficial for the person requesting public information. Should there be a conflict between the provisions of this Law and any other legislation, that which shall prevail is that which is most favorable to the person requesting public information and documentation. | Clear benefits in Statement of Motives but impact on law not clear. Some rules on interpretation but not to do so in the manner which best gives effect to the right. |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | Partially | 1 | 3. The public policy of the Government of Puerto Rico is established as follows:7) Every person has the right to obtain public information and documentation, subject to applicable regulations and exceptions. | Not entirely clear whether legal persons and foreigners are included. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 3. The public policy of the Government of Puerto Rico is established as follows: 1) The information and documentation produced by the government is presumed to be public and accessible to all persons. 4) All information and all documents that originate in, are held or received by any office of the Government, even if it/they are under the custody of a third party, are presumed to be public and should be accessible to the People and the press. | Seems to cover all information held by pubic authorities although 3(1) refers to "produced by" the government. However, it is not clear that it would cover all information held by the private bodies which are covered by the law. |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | 3. The public policy of the Government of Puerto Rico is established as follows:1) The information and documentation produced by the government is presumed to be public and accessible to all persons. 4) All information and all documents that originate in, are held or received by any office of the Government, even if it/they are under the custody of a third party, are presumed to be public and should be accessible to the People and the press. | Consistently refers to both "information" and "documents". |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 2. The provisions of this Law are applicable to the Government of Puerto Rico, by which it is to be understood the Legislative Branch, Judicial Branch, and Executive Branch, including in this all governmental agencies, public corporations, and municipalities. It shall also apply to third party custodians of public information or documents. | |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | YES | 4 | 2. The provisions of this Law are applicable to the Government of Puerto Rico, by which it is to be understood the Legislative Branch, Judicial Branch, and Executive Branch, including in this all governmental agencies, public corporations, and municipalities. It shall also apply to third party custodians of public information or documents. | |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 2. The provisions of this Law are applicable to the Government of Puerto Rico, by which it is to be understood the Legislative Branch, Judicial Branch, and Executive Branch, including in this all governmental agencies, public corporations, and municipalities. It shall also apply to third party custodians of public information or documents. | |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 2. The provisions of this Law are applicable to the Government of Puerto Rico, by which it is to be understood the Legislative Branch, Judicial Branch, and Executive Branch, including in this all governmental agencies, public corporations, and municipalities. It shall also apply to third party custodians of public information or documents. | Covers public corporations but not clear at what level of ownership. |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 2. The provisions of this Law are applicable to the Government of Puerto Rico, by which it is to be understood the Legislative Branch, Judicial Branch, and Executive Branch, including in this all governmental agencies, public corporations, and municipalities. It shall also apply to third party custodians of public information or documents. | These should be covered as governmental agencies. |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | 2. The provisions of this Law are applicable to the Government of Puerto Rico, by which it is to be understood the Legislative Branch, Judicial Branch, and Executive Branch, including in this all governmental agencies, public corporations, and municipalities. It shall also apply to third party custodians of public information or documents. | No reference to either of these. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | 6. Any person may request public information by written request or electronically, without the need to prove any particular or legal interest. | Not as clear as it could be but this seems to preclude reasons being asked. |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | YES | 2 | 6. The request for information must include: at least one address or email address at which to receive notifications, the format in which the requestor wishes to receive the information, and a description of the information he or she is requesting. | Does not strictly limit the information to this but only stipulates limited information. |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | 6. Any person may request public information by written request or electronically, without the need to prove any particular or legal interest. | Can make both in written and electronic form. |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | Partially | 1 | 5. Information Officers shall have the obligation to receive requests for information, handle them, and facilitate access to the documents in the format requested within the terms [i.e., periods of time] established by this Law. … Similarly, the Officers must provide the necessary assistance to any citizen who wishes to make a request for information. ... Information Officers shall, in addition, be the central contact within the government agency for receiving the requests for information and for assisting individuals requesting information. | Does not specifically refer to clarification and local experts suggest that this would only relate to formally making the request and not necessasrily clarifying it. |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | Partially | 1 | 6. The Information Officer shall have the responsibility to notify all requestors of public information or documentation, by email, fax, or regular mail, that their request was received and the request’s identification number. | No mention of a time limit but must provide a receipt. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | Partially | 1 | 5. Information Officers shall have the obligation to receive requests for information, handle them, and facilitate access to the documents in the format requested within the terms [i.e., periods of time] established by this Law. 8. The public information requested shall be delivered in the format requested and via the medium that the requestor has indicated, so long as doing so does not entail a cost greater than delivery on paper or in the format usually utilized by the government agency, and does not entail a risk to the integrity of the document. If delivery of the information requested entails an extraordinary cost, the government agency shall deliver the information in the format available or at a lesser cost. The government agency shall establish the manner of complying with the effective delivery of the information requested. | The grounds for refusing to provide in the format sought are too broad. |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | Partially | 1 | 7. Subject to the provisions of this Law, the Information Officers of a government agency must produce any public information for inspection, reproduction, or both, at the request of any requestor, within a period of not more than ten (10) working days. In the case of the Executive Branch, the Office at the central level of the government agency or entity must comply with the term indicated above. However, if the request is made directly at the level of a regional office of the government agency or entity, the term to deliver the information may not be more than fifteen (15) working days. | 10 days for central agencies but 15 for regional ones. |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | YES | 2 | 7. This period may be extended by a single term of ten (10) working days if the Information Officer notifies the requestor within the initial period as established and explains in the request the reason the Officer needs more time to deliver the information or documentation requested. | Meets these conditions but no clear conditions for when an extension may be needed. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | 8. As a general rule, the right of access to or inspection of a public document shall be permanent and free of charge. | Does not explicitly say it is free to file but this seems to be the idea. |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | Partially | 1 | 7. Information Officers comply with the parameters of this Law if, in accordance with the requestor’s preferences, they carry out one of the following actions: c) They send a copy of the information by federal mail (First Class), so long as the requestor is willing to pay the postage and other related costs; 8. The issuance of simple or certified copies, recordings, and reproductions shall be subject to payment of reasonable fees and charges. The corresponding charges shall be established by regulation or administrative order. The term “reasonable” shall be understood to apply to payment of the direct costs of reproduction, the cost of mailing, and the fees expressly authorized by law. ... The Executive Branch, the Office of the Secretary for Public Affairs or analogous office shall establish uniform guidelines for the administrative regulations required for the faithful compliance with those provisions established in this Law. As for the Judicial Branch and the Legislative Branch, they will internally determine how they will create the uniform guidelines and the Code of Conduct indicated above. | Reasonable fees includes reproduction and delivery but also "fees expressly authorized by law" which might go beyond this. Not clear re. the judiciary and legislature (where the law seems to make references to issues which are not clearly defined, such as "the uniform guidelines". |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | YES | 2 | 8. Despite the foregoing, any person who demonstrates indigence as governed by regulation or administrative order shall have the payment of fees or charges for the request for information waived. | |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | Broad rights of reuse in draft Open Data law. | |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 12. Should there be a conflict between the provisions of this Law and any other legislation, that which shall prevail is that which is most favorable to the person requesting public information and documentation. | Formally, this law overrides but since it does not include any regime of exceptions it would not trump any secrecy law in this regard. Also, it seems clear that exceptions must flow from other laws. |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | 4. Personnel files or any information of that nature shall not be public information. Draft Open Data Act: Article 4(3)(c) Revealing the data may injure the fundamental rights of third parties; Article 4(4)(ii) Rules or practices of internal personnel of a Government Agency; (iii). Internal communications between agencies | 4 relates to proactive disclosure but is too broadly cast. The draft Open Data Act includes exceptions which apply to all disclosures of "public data", defined broadly, and which are not legitimate. |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | NO | 0 | Draft Open Data Act: Article 4(3)(d) At issue is the identity of a confidential source;; Article 4(4)(i) All information and / or documentation that is classified as national security ; (iv) Public information that may apply to one or more of the privileges recognized in the Constitution of the United States or Puerto Rico, laws, and Rules of Evidence, including Official Information on Deliberative Procedures for Public Policy, as recognized by the jurisprudence; (v) Information associated with civil or criminal trials in which a Government Agency is a party or an employee or public functionary, due to his/her employment, is a party, so long as the trial is pending at the time of the request, or is undergoing procedures; (viii) Summary of the public ministry, which is privileged, or the work product in an investigative file or that contains information and / or documentation related to an ongoing investigation; (xii) Information related to the security of an information network or to the design, operation, or defense of said information network. | The draft Open Data Act includes several exceptions which apply to all disclosures of "public data", defined broadly and which do not have a harm test. |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | Partially | 1 | 7. In all decisions to refuse to divulge public information, the legal basis or bases for the refusal to divulge the information in the specified time must be specified in writing. | Must provide reasons but no obligation to inform about the right to appeal. |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | There is no independent administrative recourse, only an appeal to the courts. |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | 9. The Court shall be required to resolve the controversy in writing, via a resolution grounded in law, finding in favor of or against the request to produce public information | Only seems to refer to the power of the courts to order disclosure of the information. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 7. If the government agency does not answer within the established period, it shall be understood that the request has been denied and the requestor may have recourse to the courts. 9. Any person who has been notified by a government agency that the information requested will not be delivered or who has not received delivery of the information within the established period of time or its extension shall have the right to present, on his or her own or through legal representation, in the Court of First Instance of the Judicial Region of San Juan, a Special Recourse for Access to Public Information. | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | YES | 2 | 9. To file this recourse, the Judicial Branch shall create and make available to the public a simple form to complete. Filing the recourse shall not entail cancellation of stamps or fees. Likewise, save in specifically justified extraordinary circumstances, no citizen shall be required to hire an attorney to be able to file the recourse, and shall not be prevented from pursuing his or her case on his or her own. | |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 2 | 9. Any person who has been notified by a government agency that the information requested will not be delivered or who has not received delivery of the information within the established period of time or its extension shall have the right to present, on his or her own or through legal representation, in the Court of First Instance of the Judicial Region of San Juan, a Special Recourse for Access to Public Information. | Only appeals for refusals and delays but not other conditions. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 9. Notification to the government agency of the recourse shall be made by the Court itself without cost. To do this, the Secretary of the Court of First Instance in which the recourse has been presented shall issue a notification to the government agency that has notified the requestor of its decision not to deliver the information or that has not delivered the information within the period established, requiring in writing that the agency appear and informing it that if it does not, it shall be accepting the allegations of the lawsuit and the remedy requested, according to this Law, shall proceed to be issued, with no further citations or hearings. ... The government agency notified of a recourse under this Law shall be obliged to respond by means of written notification within a period of ten (10) working days, except for just cause in which case it may not be a term less than five (5) working days , counted from the date of the notification issued for this purpose by the Secretary of the Court of First Instance. The Court shall use its discretion in shortening the established period of ten (10) days when it believes there is just cause for doing so in protection of the requestor’s interests. The Court shall be required to hold a hearing within a period of three (3) working days of receiving the government agency’s response should [the Court] believe that the particular circumstances of the case and the information requested so require. The Court shall be required to resolve the controversy in writing, via a resolution grounded in law, finding in favor of or against the request to produce public information within a period of ten (10) days from the date on which the government agency issued its response to the court or from the date of the hearing, should a hearing have been held. | |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | NO | 0 | 10. Any person who shall report any violation or attempted avoidance in complying with the obligations established by this Law, or who testifies in an administrative, legislative, or judicial proceeding, shall enjoy the broadest protection in his or her employment and against reprisals should he or she become the object of government or workplace persecution or harassment of any kind. The provisions of this Article complement any other protective provision for informants and confidential sources in force in our code of law and shall not be in detriment to their enforcement. Any person who shall take reprisals of any kind, whether through government or workplace persecution or harassment, against an informant or witness relating to the provisions of this Article, shall be liable to be accused of a felony and if convicted shall be sanctioned with a fine of five thousand dollars ($5,000) or imprisonment for a fixed term of three (3) years, or both, at the discretion of the Court. There shall be no statute of limitations on this crime. | No sanctions for those who obstuct the law but just a system of protecting those who report on this. |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | YES | 2 | Anti-Corruption Code for the New Puerto Rico, Title IV | |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | 5. Each of the government agencies or entities that comprise the Government of Puerto Rico shall, saving just cause, identify at least three (3) public servants from among their existing employees, of whom two (2) shall be career public servants. The employees identified shall be designated and certified as Information Officers in each of the government agencies. When the organizational structure, functional complexity, or size of the agency requires a larger or smaller number of Information Officers, that [increase or reduction] shall be justified in writing and reported to the Office of the Secretary of Public Affairs of the Office of the Governor, or an analogous office, which shall determine whether the request shall be granted or not. As for the Legislative Branch and the Judicial Branch, they must assign personnel they deem pertinent as Information Officers and establish the internal process they deem pertinent to evaluate the number of Offices to be designated. | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | The Open Data law does have some rules about this but it is only in relation to proactive disclosure. |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | The Open Data law does require lists of proactively disclosed information to be provided but this is not what is being looked for here. |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | Partially | 1 | 5. The Information Officers must be trained in the contents of this Law, the regulations and applicable procedures, and their legal obligations as persons responsible for compliance with this Law. They shall, in turn, receive training in the jurisprudence established by the Supreme Court with respect to access to public information. They shall share the responsibility to ensure compliance with this Law with the official in charge of their government agency. | Provides for training for the information officer but not other officials. |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | YES | 2 | 5. The Information Officers shall file monthly reports on the number of requests received, the type[s] of information requested, and the status of the request. The requestor’s personal information shall not be revealed. The reports shall be made public on the website of every government agency. | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
