The Law of Transparency and Access to Public Information was published this Friday in the Official Gazette of the Republic of Cuba, a key step for the implementation of a legal framework that regulates, for the first time in a comprehensive manner, the exercise of this citizen right recognized in the Constitution.
Although the norm had been approved by the National Assembly of People’s Power in 2024, its entry into force was postponed until the necessary instruments for its practical application were in place. So explained it to Cubadebate Martha Ferriol Marchena, director of Document Management and Archives of the Ministry of Science, Technology and Environment (CITMA), who highlighted that the law comes to organize and operationalize rights and duties included in articles 53 and 97 of the Magna Carta.
According to the official, although the Constitution recognizes the right of access to public information and the institutional obligation to act with transparency, until now there was no legal provision that established how this access should be guaranteed or the procedures to make it effective.
The new law is articulated both with international commitments assumed by the Cuban State—such as the United Nations Convention against Corruption and the 2030 Agenda for Sustainable Development—and with national policies aimed at institutional strengthening. In particular, it is related to Sustainable Development Goal 16, focused on promoting effective, responsible and transparent institutions, and with the Economic and Social Policy Guidelines that promote the consolidation of document management and archiving systems.
Ferriol Marchena pointed out that the norm also allows for the integration of a set of regulations that until now operated in a dispersed manner, including legislation on archives, provisions relating to classified information, the Social Communication Law, regulations on statistical information and computerization and digital transformation policies.
The publication in the Official Gazette coincides with the entry into force of the procedural manual that accompanies the law, prepared from ten procedures, five of them directly linked to transparency and access to information. This manual was agreed upon with the bodies and agencies of the Central State Administration and will also be available on the CITMA website.
During the period prior to its publication, training actions were developed aimed at the so-called obligated subjects—entities that perform public functions or manage public funds—in all provinces of the country, with the objective of preparing institutions for the application of the standard.
The obligations established by the law include the systematic publication of minimum information on institutional websites, such as data on managers, functions, services, programs, projects, financing and budget. However, the implementation will be progressive and will have a period of 180 days.
The regulations recognize the principle of universal access to public information, its free nature—with the exception of reproduction costs—and the prohibition of any form of discrimination to exercise this right. It also contemplates complaint mechanisms when the information is not delivered on time, is offered partially without justification or is denied without grounds, with the possibility of subsequently resorting to judicial proceedings.
At the same time, the law defines limits on access, linked to defense and national security, the protection of personal, commercial or banking data, ongoing judicial or administrative processes and certain environmental information. In these cases, the principle of proof of damage is introduced, which requires evaluating whether disclosure may cause harm and allowing, when possible, partial access.
Compliance with the standard will be supervised through the institutional document management systems, the National Historical Memory Commission and the established control and accountability mechanisms.
