In a significant development for government transparency in Puerto Rico, Governor Jenniffer González Colón has enacted Senate Bill 63 (SB 63), marking a substantial alteration to the public records request procedures within the territory. This legislative change directly impacts the 2019 Transparency and Expedited Procedure for Access to Public Information Act, aligning it with standards akin to the US Freedom of Information Act.
The core amendment of SB 63 extends the government’s response deadlines for public records requests. Previously, agencies were required to respond within 10 to 15 business days. The new law now doubles this timeframe, necessitating responses within 20 to 30 business days, contingent upon the agency involved. A detailed breakdown of the new provisions highlights the technical requirements that must now accompany requests, mandating both a postal and an email address for receipt. Additionally, requests need to be directed to both the agency director and the designated Information Officer, with improperly addressed requests labeled as “defective.” This reform aims to streamline the processes while ensuring accurate delivery of information.
The legislation also imposes new duties on Information Officers, who are now tasked with assigning reference numbers to requests and notifying requesters via various communication channels, including email and postal mail. Crucially, while information must be delivered in the requested format, the government retains the authority to release it in the “lowest-cost format” if fulfilling the request would incur “extraordinary expense.”
SB 63 mandates that any refusal to disclose information must be accompanied by a written explanation citing the legal basis for the denial. Should a request be denied, individuals have the right to appeal to the Court of First Instance of the Judicial Region of San Juan. Furthermore, non-compliance with these new stipulations could result in daily fines levied against government agencies, capping at $18,000, thus underscoring the seriousness of adherence.
These changes are unfolding against a backdrop of evolving transparency practices, both within Puerto Rico and broader federal contexts. Recent controversies, such as the lawsuit against the US Department of Justice over withheld video evidence related to a bribery case involving a former ICE director, have spotlighted issues of public access to information. Moreover, an Associated Press report revealed that fewer than one-third of US states have established dedicated bodies to resolve disputes over access to public records or meetings. The adjustments introduced by SB 63 represent a conscious effort by Puerto Rico to bolster transparency, setting a precedent that may influence other jurisdictions.
For more details, the JURIST report provides a comprehensive overview of these legislative updates.