The Puerto Rico Court of Appeals has ruled that citizens have the right to access certain information about government employees, including names, positions, salaries, and official email addresses. This decision, made on August 24, 2026, in the case of Dennis Y. Sánchez Martin v. Hon. Lourdes L. Gómez Torres, Departamento De Justicia (Docket TA2026AP00689), highlights the balance between transparency in government and the privacy rights of public employees.
The ruling affects the Department of Justice in Puerto Rico and sets a precedent for how public information requests are handled in the territory. It emphasizes the importance of transparency in government operations, particularly regarding the use of taxpayer funds.
In this case, Dennis Y. Sánchez Martin filed a special judicial review for public information access against the Department of Justice, represented by Secretary Lourdes L. Gómez Torres. Sánchez Martin sought information on the names, job categories, work areas, salaries, and government email addresses of employees within the Department. He claimed that the information was not provided as required by law.
The Department of Justice responded by filing a motion to dismiss, arguing that the requested information was not routinely produced and was therefore outside the scope of the law governing public information access. They claimed that the state was not obligated to create new documents to fulfill Sánchez Martin's request and that the information was confidential under Article 4 of the relevant law.
Sánchez Martin opposed the motion, stating that the information existed in pre-existing documents and that the confidentiality claims did not apply to basic public employment information. He argued that other branches of government routinely publish similar information, reinforcing his claim for access.
The lower court ruled in favor of Sánchez Martin, ordering the Department of Justice to provide the requested information, with the exception of work area details. The Department then sought reconsideration, which was denied, leading them to appeal the decision.
The Court of Appeals, led by Judge Campos Pérez, examined the arguments presented by both parties. The court noted that the right to access public information is a fundamental aspect of democracy, as recognized by the Puerto Rico Supreme Court. The court stated, "The expectation of privacy that a public employee may have regarding their salary is reduced, as it is funded by public resources. Citizens have the right to evaluate how their tax money is used."
The court also highlighted that the information requested by Sánchez Martin was public and should be accessible. They emphasized that the Department of Justice's argument about the creation of new documents was unfounded, as the requested information could be found in existing records.
In its ruling, the court confirmed the lower court's decision, stating, "The information requested is public and, therefore, must be available for inspection by any person without the need to demonstrate a particular or legal interest." This ruling reinforces the principle that government transparency is essential for accountability.
The impact of this ruling extends beyond this specific case. It sets a precedent for how public information requests will be handled in Puerto Rico, potentially affecting other government agencies and their obligations to disclose information. The decision underscores the importance of transparency in government operations and the public's right to access information that affects them.
Going forward, this ruling may lead to increased scrutiny of government agencies and their practices regarding information disclosure. It may also prompt other citizens to file similar requests for public information, further promoting transparency and accountability in government.
As for the Department of Justice, they may consider appealing this decision to a higher court, though details about any potential appeal were not available in the court filing. The outcome of this case could have lasting implications for how public information is accessed in Puerto Rico and may influence future legislation regarding transparency and privacy rights.