Bill 124.

Summary.

The bill would rename Chapter 1 of Law 6 of 2002 “General Provisions” and revise the definition of an institution. It would cover agencies of the Executive, Legislative and Judicial Branches, the Public Prosecutor’s Office (Ministerio Público), decentralized, autonomous and semi-autonomous entities, the Panama Canal Authority (Autoridad del Canal de Panamá), municipalities, local governments and community boards. Public and mixed-capital enterprises, cooperatives, foundations, boards of trustees and nongovernmental organizations that have received or receive state funds, capital or property would also be covered. A new Article 1-A would make every institution within that definition subject to the law.

The amendment to Article 10 would require institutions to provide, on request, information about their operations, decisions, projects, budgets and programs. It would also cover subsidies and financial assistance, their beneficiaries, and contractors that have failed to perform state contracts under Law 22 of 2006. Beneficiaries and contractors would be informed, before gaining access to public funds, that this information is public and must be published. The Ministry of Economy and Finance (Ministerio de Economía y Finanzas) and the Office of the Comptroller General of the Republic (Contraloría General de la República) would submit and publish a quarterly report on state budget execution within thirty days after each quarter, including gross domestic product and significant activities by sector.

Revised Article 11 would make information on appointments, payroll, expenses and payments to officials and others performing public functions publicly accessible. It would also cover public procurement proceedings, consulting and professional services, public-private partnerships, contractors and subcontractors, payments, contracts and their amendments, and scholarships and assistance financed wholly or partly with public resources. Actions taken by public servants in the exercise of their duties would be public. Confidential information and sensitive data would be protected under Law 6 of 2002, Law 81 of 2019 and its regulations, while maintaining access to public information.

New Articles 11-A and 11-B would require monthly publication on institutional websites of personnel records, payroll, representation and travel expenses, and other compensation. They would also require information on procurement procedures, consultants, professional services, public-private partnerships, contractors, subcontractors, payments, contracts, addenda and modifications. Article 11-C would require quarterly publication of the beneficiaries and amounts of scholarships, subsidies and other publicly funded assistance. For assistance provided in kind, institutions would disclose the amount invested and the goods received. It would prohibit blocking access to those details and allow beneficiaries’ data to be withheld when the beneficiary is a minor. Article 12-A would require publication in open data formats and information in understandable, free and easily accessible formats for persons with disabilities.

The amendment to Article 17 would allow any person to bring a habeas data action when requested information is withheld, provided incompletely or inaccurately, or not published as required. Under Article 20, an official ordered by the court to supply or publish information who fails to do so would be in contempt and fined an amount equal to twice their monthly salary; a repeat offense would result in removal from office. New Article 22-A would authorize the National Authority for Transparency and Access to Information (Autoridad Nacional de Transparencia y Acceso a la Información, ANTAI) to fine an official for failure to publish information. A repeat offense would bring an additional fine and a recommendation for dismissal or removal. The bill lists its amendments and would take effect the day after promulgation in the Official Gazette.

The provisions concern the Public Prosecutor’s Office, the Panama Canal Authority, the Ministry of Economy and Finance, the Office of the Comptroller General of the Republic and the National Authority for Transparency and Access to Information. They could be relevant to contractors, consultants, organizations receiving state resources, recipients of public assistance, public servants and people requesting information.