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What is going on with the Puerto Rican Governor and public information access?

GoogleAI Mode: “Puerto Rico Governor Jenniffer González-Colón recently signed a controversial bill (Senate Bill 63) that critics argue will severely restrict public access to government information, making it more difficult for journalists and citizens to hold the government accountable. The new law went into effect on Sunday, December 14, 2025. 

Key changes and criticisms of the new law include:

Extended response times: The law doubles the time government agencies have to respond to information requests, from 10 business days to 20 business days for documents under 300 pages.

Denial of requests: It allows government agencies to deny requests if the information is spread across multiple documents or agencies.

Information format: Agencies are no longer obligated to provide information in the format requested by the citizen or journalist, which complicates data analysis.

Confidentiality: The bill permits the government to classify information as confidential without judicial review.

Lack of public input: The bill was rushed through the legislature with only a single day of public hearings in the House and no public hearings in the Senate, prompting significant backlash from over a dozen journalism and civil rights organizations. 

The governor has defended the bill, stating that it aims to provide clearer rules, reduce confusion, and limit the number of lawsuits related to information requests. However, press freedom groups, such as the Reporters Committee for Freedom of the Press and Reporters Without Borders, have urged the governor to veto the bill, calling it a “blow to democracy” and a “dangerous infringement on the public’s right to know”. 

AI responses may include mistakes. For legal advice, consult a professional.”

What are the implications for the Puerto Rican public and the world?

GoogleAI Mode: “The new law is widely viewed by critics as a major blow to transparency and accountability, with significant implications for the Puerto Rican public’s ability to oversee its government and for international observers’ ability to assess governance and investor confidence in the territory. 

Implications for the Puerto Rican Public

Hindered oversight and accountability: The primary implication is that it will be much harder for journalists, civil society organizations, and ordinary citizens to hold officials accountable, which is especially critical given Puerto Rico’s history of government opacity and past corruption scandals.

Increased bureaucratic hurdles: Doubled response times (up to 20 business days, with potential extensions) and the ability for agencies to deny complex requests or provide information in unusable formats create significant disincentives and obstacles for those seeking information.

Suppressed investigative journalism and research: The inability to receive data in open, analyzable formats (like Excel or CSV files) and the potential for information to be classified as confidential without judicial review will severely hamper data analysis needed for journalistic investigations and academic research.

Erosion of public trust: This move away from transparency is expected to further erode public trust in a government already viewed by many as a complex, opaque structure in its decision-making.

Potential for political intimidation: The requirement that each request be reported to the agency head and the removal of privacy protections for requesters could expose individuals to political intimidation or doxxing, further chilling the public’s willingness to seek information.

Costly legal battles: The law forces citizens and the press into potentially costly and time-consuming court processes to enforce their constitutional right to information, a process that was already difficult under the previous law. 

Implications for the World

Negative international perception: The international community, including press freedom and anti-corruption organizations like the Reporters Committee for Freedom of the Press, Reporters Without Borders, and the Committee to Protect Journalists, has strongly criticized the law, calling it a “dangerous infringement on the public’s right to know” and a move away from international best practices.

Weakened safeguards against illicit activity: Organizations like The FACT Coalition argue the new law moves Puerto Rico further away from the transparency standards that underpin sound governance, investor confidence, and effective safeguards against illicit finance.

Impact on U.S. transparency standards: As a U.S. territory, the law’s restrictions reflect poorly on overall U.S. press freedom, especially as the U.S. continues to sink on global press freedom indices, inviting scrutiny from international human rights and media watchdogs.

Reduced effectiveness of oversight: International entities, including potentially the federal government or aid organizations, may find it harder to conduct oversight of funds or programs if information is routinely delayed or denied, which has been a concern in the past during crises like Hurricane Maria.”

What are the implications of the Puerto Rican government classifying information as confidential without judicial review?

GoogleAI Mode: “Allowing the Puerto Rican government to classify information as confidential without judicial review creates a significant risk of abuse of power and increased corruption, while effectively removing a critical check and balance on government secrecy. 

Key implications include:

Erosion of Checks and Balances: The removal of judicial oversight means the executive branch has the final say on what the public can see. This eliminates a crucial, independent review process that determines if information legitimately needs to be kept secret or is merely being hidden to avoid public scrutiny or embarrassment.

Increased Corruption Potential: In a jurisdiction with a known history of government opacity and past corruption scandals, unilateral classification powers significantly raise the risk that officials can conceal mismanagement, misuse of public funds, or outright corruption without fear of exposure.

Suppression of Dissent and Intimidation: With the power to label information confidential at will, agencies could potentially use this authority to shield information related to controversial decisions, silence whistleblowers, or penalize those who challenge the government line.

Arbitrary Secrecy and Lack of Public Trust: When the government can arbitrarily decide what is secret, it undermines the fundamental principle of a government of the people, where citizens have the right to know how their government operates. This contributes to the further erosion of public trust in government institutions.

Costly Legal Battles for the Public: While judicial review of confidentiality claims is removed, the public’s right to information is enshrined in the constitution. This will likely force citizens and press organizations into prolonged, expensive court battles to challenge secrecy claims, creating a barrier to access that only well-resourced entities can overcome.

Reduced Transparency in Crisis Management: The lack of oversight could be especially problematic during times of crisis (e.g., natural disasters or public health emergencies), where timely and accurate information is essential for public safety and effective response. The government has a history of failing to provide truthful information during past crises. 

In essence, the provision grants the government significant power to control the narrative and operate in the dark, making true accountability a difficult and expensive process for the average citizen and the press.”

Since Puerto Rico is run by its people through popular vote, what are the implications?

GoogleAI Mode: “In a system of governance reliant on popular vote, voters’ power to hold the government accountable and make informed decisions is paramount. The new law restricting public information access significantly compromises this power by creating barriers to transparency and oversight. 

The implications for voters are:

Difficulty in Evaluating Performance: Voters use government information to assess their elected officials’ performance in managing public funds, services, and recovery efforts from crises like hurricanes or power outages. Restricting this access makes it harder to determine if officials are acting in the public’s best interest.

Reduced Accountability: By allowing agencies to delay responses, deny requests, or classify information as confidential without judicial review, the law increases the potential for a lack of accountability and impunity, which can foster corruption.

Hinders Informed Decision-Making: A well-informed citizenry is a cornerstone of democracy. When journalists and citizens struggle to obtain information, voters are less equipped to engage in informed public debate and participate meaningfully in governmental decision-making processes.

Erosion of Public Trust: Lack of transparency has historically contributed to the erosion of public trust in the Puerto Rican government, which is often perceived as a “complex, bureaucratic, and opaque structure”. The new law is likely to exacerbate this problem.

Impact on Political Movements: Without clear information, civic groups and new political movements, which have grown in popularity as traditional parties decline, face challenges in effectively advocating for change or monitoring government actions, thus limiting the avenues for civic engagement.

Challenges to Self-Determination: Puerto Ricans have actively participated in multiple plebiscites (referendums) regarding their political status, including options for statehood or independence, to exercise their right to self-determination. The law’s impact on transparency affects their ability to fully evaluate the performance and trustworthiness of the government that would lead any transition process, a crucial aspect of such momentous decisions. 

Ultimately, the new law is seen by critics as a “dangerous infringement on the public’s right to know,” limiting the primary means by which voters can exercise their power in a popular vote system.”

On its face, doesn’t the Puerto Rican Constitution have enshrined in it the right to access information? If yes, is the Governor in violation?

GoogleAI Mode: “Yes, the Puerto Rican Constitution is recognized as implicitly enshrining the right of access to public information, a right established through the Puerto Rico Supreme Court’s jurisprudence. This has led to widespread criticism that the new law signed by Governor Jenniffer González-Colón is in direct violation of this constitutional right. 

The Constitutional Right to Information

While the exact phrasing “right to access information” may not appear in a single, explicit clause in the Puerto Rican Constitution, the Supreme Court of Puerto Rico has long interpreted the Bill of Rights to include an implied right for citizens to access government information. 

This right has been a cornerstone of transparency efforts on the island.

It has been the basis for legal challenges against the government by journalists and public interest groups for decades. 

A 2019 law aimed to standardize the process for information requests, acknowledging that “Although the right to access information is enshrined in the Constitution, the lack of a procedural mechanism to enforce it leads to frequent violations”. 

The Governor’s New Law and Potential Violation

The new law (which amends the 2019 transparency law) has been met with significant opposition, with critics, including journalism and civil rights organizations, arguing that it creates barriers that violate the spirit and the letter of the constitutional right.

Increased Delays: The law doubles the time agencies have to respond to requests, hindering timely access to information.

Reduced Transparency: It allows the government to classify information as confidential without judicial review, limiting oversight.

Procedural Hurdles: It removes the obligation for the government to provide information in requested formats, making data analysis difficult. 

Is the Governor likely in violation?
On its face, the law significantly curtails the practical exercise of the constitutional right to access information. By making access more difficult, discretionary, and time-consuming, the law is seen by many legal observers and civil society groups as a “dangerous infringement on the public’s right to know”. Legal challenges based on the insular constitution are highly likely, and the Puerto Rico Supreme Court will ultimately decide if the law’s restrictions cross the line into unconstitutionality.”