Puerto Rico Faces Global Transparency Downgrade as Senate Moves to Restrict Access to Information

SAN JUAN — Proposed amendments to Puerto Rico’s Transparency and Expedited Procedure for Access to Information Act (Act 141 of 2019) and the Demographic Registry Act (Act 24-1931) would lower the island’s standing in the Global Right to Information Rating, according to an analysis by the Center for Law and Democracy.

Issel Masses, executive director of the anti-corruption organization Sembrando Sentido, presented the findings on Tuesday during the second day of public hearings convened by the Centro de Periodismo Investigativo (CPI) and the Puerto Rico Bar Association (CAAPR, in Spanish). The two-day hearings examined the potential impact of Senate Bill 63 and Senate Bill 331, which would restrict access to public records.

Sembrando Sentido commissioned the analysis from Dr. Toby Mendel, founder of the Center for Law and Democracy. 

“Puerto Rico would drop to 106th out of 140 countries. If these amendments pass, we’d rank below nations like Iran, Bolivia, and Guyana in transparency for public records requests,” Masses warned. This marks a decline from Puerto Rico’s 2020 ranking (96th out of 140).

Sembrando Sentido has filed 37 information requests under Act 141 of 2019 to audit government accountability as part of its anti-corruption work. One request to the Department of Education exposed the agency’s failure to report on its programs’ outcomes. Another effort led the Department of Justice to establish a Registry of People Convicted of Corruption, Masses noted.

The Access to Information Project of the Inter American University School of Law, which represents journalists, activists, and NGOs, has also relied heavily on the law. Attorney Luis José Torres Asencio reported filing 67 lawsuits to compel transparency: 40 via mandamus petitions and 27 under the Transparency Act.

If the amendments pass, Torres Asencio warned of severe consequences for environmental oversight. Permit laws already limit public comment periods, and delays in releasing documents could render advocacy efforts moot. 

“By the time groups receive records, the comment window may close, leaving permits approved and scrutiny meaningless,” he said.

He also criticized Senate Bill 331, which seeks to block access to the Demographic Registry’s mortality database by falsely claiming HIPAA protections — an argument already rejected by courts.

Oscar Serrano, CPI co-founder, noted that a decade ago, Puerto Ricans lacked the tools to enforce their constitutional right to information. 

“Public debate relied on government spin or journalists’ anonymous sources. Now that civic groups use transparency laws effectively, officials want to curtail access,” he said. “Why suppress what citizens can know?”

Serrano condemned a proposed rule requiring agency heads to approve disclosures, calling it a “de facto veto power” that would politicize transparency. Contact details for officials are often unavailable, and the change could let them suppress unfavorable data.

Regarding Senate Bill 331, he stressed the danger of hiding demographic data amid Puerto Rico’s population crisis. 

“Shouldn’t policymakers — and the public — understand trends affecting workers, youth, and seniors?” he said.

Access to Justice at Risk

Groups like FURIA, the University of Puerto Rico’s Environmental Law Clinic, and the American Civil Liberties Union (ACLU) of Puerto Rico testified that the bills would obstruct justice. FURIA attorney Armando Torres flagged a third measure, House Bill 448, which expands exemptions to deny public records.

ACLU attorney Lolimar Escudero called Senate Bill 63 an “attack on the public’s right to know.” Eva Prados of the Citizen Commission for Public Credit Audits added that her group has filed requests to 22 agencies and seven lawsuits to demand accountability.

The hearing panel included CPI Director Carla Minet, attorney Carlos Francisco Ramos Hernández, and CAAPR Civil Rights Commission Vice President Zoe Negrón Comas. Inter-American University Law School’s Pro Bono Program (volunteer legal services) assisted with documentation for lawmakers.

This translation was generated with the assistance of AI and thoroughly reviewed by our editorial team to ensure accuracy and clarity.

Review what happened on the second day of public hearings.