Summary.
The draft bill proposes deleting paragraph 8 of Article 14 of Law 6 of 2002, known as the Transparency Law (Ley de Transparencia). That paragraph classifies as restricted the minutes, notes, files and other records or evidence of discussions or activities of the Cabinet Council (Consejo de Gabinete), the president and the vice presidents of the Republic, except those relating to discussions or activities concerning the approval of contracts. Deletion would remove this specific ground for restricting access to those documents. Article 1 neither replaces the paragraph with another rule nor amends the other paragraphs of Article 14.
The statement of reasons places the proposal within the right of access to public information or information of collective interest under Article 38 of the Political Constitution of the Republic of Panama (Constitución Política de la República de Panamá). It describes Law 6 of 2002 as giving effect to that right through rules on transparency in public administration and the habeas data action. According to the statement, the scope of the paragraph proposed for deletion allows restrictions on information concerning government plans for infrastructure, environmental matters, social security and education. The proposed amendment targets that ground for restriction; its operative provisions establish neither automatic publication of documents nor a request procedure, response deadlines or penalties.
As examples of the use of paragraph 8, the statement of reasons cites Resolution No. 74 of 2004 and Resolution No. 71 of 2021 of the Ministry of the Presidency (Ministerio de la Presidencia), concerning restricted access to records and evidence of decisions and activities of the Cabinet Council. It also indicates that the other grounds for restriction in Article 14 of the Transparency Law would remain available for matters such as national security. The resolutions are cited as background; the operative provisions do not amend or repeal them. The statement also refers to information about corruption in Panama attributed to the United Nations Office against Crime (Oficina de las Naciones Unidas contra el delito) and to indicators from Transparency International (Transparencia Internacional) as part of the proposal’s stated rationale.
Article 2 declares the proposed law a matter of public order and social interest. Article 3 provides that it would take effect on the day after its promulgation in the Official Gazette. The text assigns no new duties concerning the custody, classification or disclosure of documents to any authority. Given its subject matter, the change could be of interest to the Executive Branch (Órgano Ejecutivo), the Ministry of the Presidency and the Cabinet Council, as well as people requesting public information, news media, researchers and organizations monitoring public administration.
What it proposes.
- Deletion of a ground for restricted access to records of government discussions and activities.
- Access to minutes, notes, files and other records of the Cabinet Council, the president and the vice presidents of the Republic.
- The proposed law’s status as a matter of public order and social interest, and its commencement.
Who it would affect.
- Cabinet Council.
- President and vice presidents of the Republic.
- Authorities holding the records covered by the provision.
- People requesting access to public information.
Key points.
- Proposes deleting paragraph 8 of Article 14 of Law 6 of 2002.Art. 1
- Deletion would remove the specific restriction applying to minutes and notes of Cabinet Council discussions or activities.Art. 1
- The same deletion would cover files and other records or evidence included in that paragraph.Art. 1
- The restriction proposed for deletion also concerns discussions or activities of the president and the vice presidents of the Republic.Art. 1
- Declares the proposed law a matter of public order and social interest.Art. 2
- Sets its commencement for the day after promulgation in the Official Gazette.Art. 3