Government Enacts Law to Regulate Information Access in Cuba

The National Assembly of People's Power in Cuba approved the "Law of Transparency and Access to Public Information" this Thursday during the third session of its tenth legislature. This legislation, presented as a step forward in fulfilling the state's obligations to provide public information, has sparked criticism for its potential to restrict access to information rather than promote true transparency.

Cubadebate reports that the new law states, "all individuals have the right to request and receive truthful, objective, and timely information from the State" (Art. 53). The government claims that this new regulation will ensure access to personal data in public records, allowing for correction or cancellation if necessary (Art. 97). Additionally, it emphasizes that state organs must act transparently (Art. 101).

Despite these promises, the law is framed within the principles of the socialist state of law, as stipulated in Articles 1, 8, and 10 of the Cuban Constitution. This context has been criticized for potentially limiting the law's real effectiveness, given that transparency in an authoritarian regime is often more symbolic than practical.

Criticism and Concerns

The law was introduced by the Minister of Science, Technology, and Environment, Eduardo Martínez Díaz, who stated that the regulation is "the highest expression of the Cuban State and Government's political will to make their management transparent." Experts and critics of the regime argue that this legislation could be used to further control information rather than promote true and free access to public interest data.

In his speech, Martínez Díaz recalled the words of Raúl Castro in 2010 about the need to eliminate excessive secrecy. The practical application of these ideas in a regime that has maintained strict control over information and press freedom for decades is questionable.

The law prohibits disclosing classified information that could affect national sovereignty, defense, and security, personal data, ongoing judicial procedures, intellectual property rights, and commercial data confidentiality, among other things. These broad and vague exceptions can be used to justify censorship and maintain control over sensitive information.

The law's ruling was presented by Deputy Martha del Carmen Mesa Valenciano, who highlighted the consultative process and the simplification of the document. Deputy Daicar Saladrigas González emphasized that the real challenge lies in its implementation, as it requires a substantial change in the practices of state institutions, known for their opacity and lack of accountability.

The Law of Transparency and Access to Public Information in Cuba is presented as a step forward, but its real effectiveness is in doubt due to the broad exceptions and the context of an authoritarian regime that has historically restricted freedom of information. The distrust towards the law's implementation and its potential use to maintain state control over sensitive information reflects the concerns of those advocating for true transparency and accountability in Cuba.

The law will come into effect 180 working days after its publication in the Official Gazette of the Republic of Cuba.