Centre for Law and Democracy, analysis of Puerto Rico’s Access to Information and Open Data Laws.
Puerto Rico would rank 87th when compared to the 128 countries included in the Global Index of the Right to Information (RTI Ratings) of the Centre for Law and Democracy (CLD). The analysis points to the strengths, as well as to the shortcomings of the Transparency and Open Data Laws, enacted in Puerto Rico in 2019, and makes recommendations on the areas that need attention.
According to the report presented by Dr. Toby Mendel, Executive Director of the CLD, the two Puerto Rican laws earned a score of 73 out of a possible 150 points on the RTI Rating scale, putting Puerto Rico in the lowest third of the rankings when its laws are compared to those of 128 other nations on the basis of the international parameters used by the CLD.
“Puerto Rico needs stronger rules guaranteeing the right to information if it truly aspires to adequately implement this constitutionally guaranteed right,” Mendel said. “Its current laws are much weaker than most national laws adopted in the Americas.”
Mendel is an international authority on transparency that has collaborated extensively with inter-governmental actors — including the World Bank, UNESCO, the OSCE and the Council of Europe – as well as numerous governments and NGOs in countries all over the world. His work spans a range of areas, including legal reform and analysis, training, advocacy and capacity building. He has published extensively on a range of freedom of expression, right to information, communication rights and refugee issues.
The RTI Rating was developed by the CLD in Canada and its counterpart in Europe, Access Info Europe. It was first published on Right to Know Day, September 28, 2011, and has been continuously updated since that time to include all national RTI laws. This Index’s parameters constitute the only authoritative methodology evaluating the solidity of the legal frameworks protecting this right on an international level. The instrument has been recognized by such entities as UNESCO and the World Bank.
The RTI Rating measures the strengths of countries’ laws enabling access to public information on the basis of 61 indicators divided into seven major categories: right of access, scope, requesting procedures, exceptions and refusals, appeals, sanctions and protections, and promotional measures. The index measures the legal framework, not enforcement of the laws.
Among the key weaknesses identified in the Puerto Rican laws governing access to information were the following:
- Important gaps in procedures for lodging requests for information and responding to them.
- The exception regimen is too broad, so that only 23% of the possible points were given this item in the RTI Rating.
- There is no independent administrative body for appeals.
- The protections and sanctions system is very limited.
- There are few dissemination measurements to support good implementation.
The analysis of the legal framework for access to information in Puerto Rico was conducted by the CLD at the request of the “Red de Transparencia” (Transparency Network), a group of diverse Puerto Rican organizations and individuals that promote the free flow of information and transparency in Puerto Rico. In this initiative, the Network recognized the team work led by Espacios Abiertos, the Center for Investigative Journalism and Sembrando Sentido.
Access the full report.
Access the executive summary.
RTI Rank List by country.
Other RTI ratings.
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The Red de Transparencia (Transparency Network) is a permanent space for dialogue, cooperation, and exchange of expertise, ideas, and experiences between and among organizations and individuals with specialized knowledge who are committed to the right to access to information, transparency, and accountability in the public sphere. Each organization and individual taking part in this space has and maintains an independent agenda while recognizing the value of alliances on behalf of common purposes. Among the members of the network are Abre Puerto Rico, Agenda Ciudadana, the Center for Investigative Journalism, Espacios Abiertos, GFR Media, the Puerto Rican Institute for Statistics, Sin Comillas, and persons who, as individuals, seek to create and ensure a more transparent Puerto Rico.