Puerto Rico law alters government transparency framework News
Puerto Rico law alters government transparency framework

Puerto Rico Governor Jenniffer González Colón on Sunday signed into law Senate Bill 63 (SB 63), a measure that modifies public records request procedures in the US territory. 

SB 63 amends the territory’s 2019 Transparency and Expedited Procedure for Access to Public Information Act, which is similar to the US Freedom of Information Act.

Under the new law, government response deadlines for record requests are twice as long, increasing from 10 to 20 business days, or 15 to 30 business days, depending on the responding agency.

The amendment also defines technical requirements for information requests. Requests must now include both a postal address and email address for receipt of documents. They must also be addressed to both the agency director along with the “Information Officer.” Improperly addressed requests will be considered “defective.”

Upon receipt of a proper request, an Information Officer must assign the request a reference number and notify the requester via email, fax, or postal mail. Information will be distributed in its requested format; however, the government can disclose information in its “lowest-cost format” when “delivery of the requested information entails an extraordinary expense.”

Under the new bill, decisions to deny public information requests must specify in writing the legal grounds for the denial. Upon notification of an agency’s decision to deny a request, an individual can file an appeal before the Court of First Instance of the Judicial Region of San Juan.

Any government agency that does not comply with the new requirements is subject to fines of up to $100 per day, with a cap of $18,000.

The bill’s passage comes amidst an evolving landscape surrounding public information requests. In October, the US Department of Justice was sued for allegedly withholding video recordings related to a bribery scheme involving former Immigration and Customs Enforcement director Tom Homan. An AP report published last year found that less than a third of US states have designated agencies tasked with resolution of disputes regarding access to public records or open meetings.