In a significant stride toward governmental reform, Cuba has officially enacted Law 168 on Transparency and Access to Public Information, published in the Official Gazette of the Republic. This comprehensive legislation establishes a robust legal framework mandating unprecedented openness in public administration while guaranteeing citizens’ right to access information held by state entities.
The groundbreaking law redefines transparency as an active state duty rather than merely responsive to individual requests. It requires systematic disclosure of publicly relevant information without requiring formal petitions, covering entities ranging from highest state organs to organizations receiving public funding. The legislation operates on principles of accessibility, free access, speed, quality, inclusion, and non-discrimination.
A cornerstone of the new system is the creation of the National System of Transparency and Access to Public Information, which will integrate with Cuba’s existing document management infrastructure. The Ministry of Science, Technology and Environment (CITMA) assumes leadership responsibilities, including regulatory updates, compliance supervision, and annual implementation monitoring.
The law specifies detailed procedures for information requests, mandating 15-business-day response windows (with possible extensions) and various delivery methods including electronic means. While access is generally free, specialized services may incur costs. Journalists and media executives receive particular recognition under social communication legislation.
Exceptions to disclosure include matters of national security, personal data, judicial proceedings, and commercial confidentiality. The legislation establishes comprehensive appeal mechanisms through administrative complaints and judicial processes. Implementation will occur gradually over 180 days from January 9 publication, allowing for technical and regulatory preparations.
This legislative advancement represents Cuba’s commitment to constitutional principles of participatory governance, aiming to foster a culture of transparency through technological integration and institutional accountability.