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The recent publication in the Official Gazette of the Republic of Cuba of Law 168 on Transparency and Access to Public Information marks a significant step forward in improving the country's institutional system.
The law establishes a comprehensive legal framework that regulates transparency in public administration and guarantees the right of all individuals to access information generated or held by state bodies, administrative entities, social and mass organizations, as well as individuals or legal entities that receive public funds or provide public services.
Previously, at a press conference, specialists from the Ministry of Science, Technology, and Environment (CITMA) specified that among the benefits of this law, in terms of participation, are the promotion of a culture of transparency, greater dissemination of information without the need for a request, simple and expeditious procedures, and the protection of personal data.
They also pointed out that among the main challenges in implementing the law are fostering a culture of transparency by familiarizing citizens with their rights and obligations, training those subject to the law on its scope and their obligations, while, in terms of technological infrastructure, promoting the use of systems that facilitate the management of and access to information, promoting the computerization of document management processes in the implementation of transparency and access to information.
TRANSPARENCY AS A PRINCIPLE
One of the main purposes of Law 168 is to contribute to the effective fulfillment of the responsibilities of obligated entities, protect constitutionally recognized citizen rights, and promote a culture of transparency based on the use of information and communication technologies.
From this perspective, transparency is no longer conceived solely as a response to individual requests but is assumed to be an active duty of the State, which involves disclosing information of public interest in a systematic, timely, and accessible manner, without the need for prior request.
The law recognizes as public information that which is generated or held in the exercise of public functions, regardless of its format or medium, and establishes that its disclosure must meet criteria of relevance, usefulness, and social importance, in accordance with current legal provisions.
One of the pillars of the Law is the broad definition of obligated parties, which includes the highest organs of the State, Central Administration agencies, national companies, local organs of the People's Power, social and mass organizations, as well as any entity or person that administers public resources.
For the purposes of this Law, natural and legal persons who receive financing and other public benefits are considered obligated parties.
The actions of these parties are governed by principles such as accessibility, free access, speed, quality of information, good faith, inclusion and non-discrimination, as well as control and oversight, which reinforces institutional accountability to citizens.
In this regard, the Law establishes that every person, without distinction, has the right to request and receive public information, and that access can only be limited in exceptional cases, with due justification and after applying the so-called harm test, which weighs the public interest against possible effects on protected legal rights.
The information that must be disclosed by the obligated entity includes:
- Mission, functions, institutional information on its executives, regulatory provisions;
- Strategies, programs, funds, development plans, and projects;
- Goods and services provided, where applicable;
-Summary balance sheets;
- Budgets;
- Accountability reports for the fiscal year;
collections of historical value.
NATIONAL SYSTEM OF TRANSPARENCY AND ACCESS TO PUBLIC INFORMATION
The regulation creates the National System of Transparency and Access to Public Information, conceived as an integrative mechanism for the management of information, documents, and archives, coordinated with the National System of Document Management and Archives of the Republic of Cuba.
The purpose of this system is to regulate, control, and promote a culture of transparency in public management through common methods and technical standards that guarantee the traceability, preservation, and accessibility of information.
CITMA assumes leadership in this area, with responsibilities that include updating regulations, supervising compliance with the law, controlling the obligated parties—with specific exceptions—and annually monitoring its implementation.
PROCEDURE FOR ACCESS TO INFORMATION
The law details the procedures for requesting public information, the response times—set at 15 business days, extendable for the same period—and the ways in which the information can be delivered, whether through written reports, direct inquiries, simple or certified copies, or by electronic means.
It also recognizes that access is free of charge, except in cases where reproduction, digitization, or specialized services are required, the costs of which are borne by the applicant in accordance with approved rates.
In particular, the regulation specifies that requests for information made by journalists and media executives in the exercise of their social function are governed by specific social communication legislation, in line with the strategic role of the press in the Cuban political system.
EXCEPTIONS, CLAIMS, CONTROL, GRADUAL IMPLEMENTATION, AND TRAINING
Law 168 regulates in detail the exceptions to the right of access, linked, among other aspects, to national defense and security, personal data, judicial proceedings, banking and commercial confidentiality, and environmental protection.
In the event of restrictive decisions, the law establishes administrative complaint mechanisms, including appeals for review and appeal, and recognizes the possibility of resorting to judicial proceedings through administrative processes, thus guaranteeing institutional control and the protection of citizens' rights.
The final provisions of the Law establish specific deadlines for its implementation, including the development of procedures by CITMA and the adaptation of the internal systems of the obligated parties.
In addition, it emphasizes the need for training, dissemination, and preparation programs for personnel involved in information and records management.
Law 168 will enter into force 180 calendar days after its publication on January 9, during which time the organizational, technical, and regulatory conditions necessary for its effective implementation will be created.
With this law, Cuba is moving forward in consolidating a more transparent, participatory, and accountable model of public management, in line with constitutional principles.