ACLU of Puerto Rico warns that Senate Bill 63 limits the constitutional right of access to public information

San Juan, P.R. – The American Civil Liberties Union (ACLU) of Puerto Rico warned today before the House Judiciary Committee that Senate Bill 63 (S.B. 63) represents a serious setback to the constitutional right of the public to access public information, a fundamental pillar of any participatory democracy.

“Government actions must always be governed by the principle of maximum disclosure, openness, and transparency in public administration,” emphasized attorney Annette Martínez Orabona, Executive Director of the ACLU of Puerto Rico, in her remarks to the Committee members.

“Questioning, inquiring into, and investigating public administration may be uncomfortable for those who hold public office, but that discomfort cannot be used as a justification to limit the right to know,” the director noted.

During the public hearing, the ACLU of Puerto Rico opposed the measure and reiterated that access to information is not a favor granted by the government, but a constitutional right derived from freedom of expression. Without transparency, there can be no accountability or public trust in institutions.

S.B. 63 was introduced on January 2, 2025, and approved without public hearings in the Senate on October 14, despite concerns and opposition from various organizations, including the ACLU of Puerto Rico. When it approved the bill, the Senate also added new amendments without prior discussion. The measure was initially referred to the House Government Committee and, abruptly, reassigned to the Judiciary Committee last Thursday, November 6. That committee hastily called a public hearing for this Wednesday.

S.B. 63 would extend from 10 to 20 working days the deadline agencies have to respond to information requests, and would allow extensions of up to 40 days. According to the ACLU, this measure delays and obstructs public oversight, undermining the ability of journalists, organizations, and residents to investigate and demand government accountability.

“Doubling the deadlines and adding unnecessary bureaucratic requirements turns the right of access into an ineffective formality. Without timely public information, oversight becomes illusory,” stated attorney Lolimar Escudero Rodríguez, the organization’s Public Policy Counsel.

The ACLU of Puerto Rico also warned that S.B. 63 imposes unjustified technical requirements—such as the obligation to notify requests to officials like agency heads and legislative leaders—limits the requester’s choice of the format in which information is delivered, and opens the door to arbitrary classifications of confidentiality. It also eliminates protections for requesters, which could discourage people from exercising their rights for fear of reprisals.

“These amendments do not strengthen transparency; they weaken it. The State cannot use the lack of administrative resources as an excuse to restrict constitutional rights,” the public policy attorney emphasized.

The bill also provides that judicial actions to obtain access to information must be filed exclusively in the San Juan Judicial Region, a measure that limits access to justice, particularly for people and communities outside the metropolitan area.

The ACLU noted that, even under the current law, effective access to public information already faces significant obstacles. In its testimony, the organization cited a recent case before the Court of First Instance, where it was forced to file a writ of mandamus against the Puerto Rico State Elections Commission (CEE, in Spanish) after multiple ignored requests related to the electoral process.

“If today, under the current deadlines, it is still necessary to go to court to obtain public information, extending the deadlines and adding hurdles will only make that process even more futile,” said Escudero Rodríguez. “The right to information is not a mere formality; it is a pillar of democracy. Limiting it under the pretext of administrative efficiency is a step backward that erodes public trust,” the attorney stated.

The ACLU of Puerto Rico urged the House of Representatives to reject Senate Bill 63 and to promote a genuine reform that strengthens transparency and guarantees the people’s right to know.