Constitutional Right of Access to Public Information and Document Metadata

Puerto Rico Law Controversies

Constitutional Right of Access to Public Information Requires Government Agency to Disclose Document Metadata in Legible Format

Prepared March 15, 2026

Court: Tribunal de Apelaciones de Puerto Rico

Date: February 26, 2026

Citation: Román v. Departamento de Asuntos del Consumidor (DACO), 2026 WL 710296 (TCA)

Summary of Relevant Facts

On December 2, 2024, Katherin Román filed a Special Request for Access to Public Information under Law 141-2019 (the Transparency and Expedited Access Law) seeking access to records and reproductions of public documents from certain DACO cases. DACO allowed access to some writings but refused to provide certain files, claiming it could not locate the physical files. DACO later provided digitalized copies from its SIAC system but claimed the documentation was incomplete because it lacked information in the "created by" and "modified by" fields. The screen captures provided were also illegible.

Procedural Background

Román filed a motion for imposition of economic sanctions for DACO's non-compliance. A series of motions and counter-motions ensued regarding compliance with the transparency law and the completeness of the provided documentation. The trial court ordered DACO to provide the information. DACO sought certiorari review.

Main Controversies

The central controversy was whether information about who created and modified documents in DACO's electronic case management system constituted "routine operational information" exempt from disclosure under Puerto Rico's transparency law, or whether it fell within the broad definition of "documento" subject to mandatory disclosure. A secondary controversy involved the format requirements for providing public records, specifically whether DACO could satisfy the law by providing illegible screen captures rather than readable copies.

Position of the Parties

DACO argued that information about document creation and modification was internal system data and not subject to public disclosure requirements. Román argued that the right of access to public information is constitutionally grounded and that the law's broad definition of "documento" encompasses electronic metadata in government systems.

Holding or Decision

The Tribunal de Apelaciones granted the certiorari petition and modified the lower court's order to require DACO to provide the complete screen captures, including the "created by" and "modified by" designations, in legible colored photograph format, in both physical and electronic formats.

Reasons for the Decision

The court held that the right of access to public information is a fundamental constitutional right tied to freedom of speech and association under the Puerto Rico Constitution. While this right is not absolute and may be limited by compelling public interest, the government must demonstrate precise and unequivocal applicability of any claimed exception. Law 141-2019 defines "documento" broadly to include all materials in any format, including electronic records created by government entities. DACO's claim that metadata about document creation and modification was internal system information exempt from disclosure was rejected. The court emphasized that the transparency law must be liberally interpreted in favor of public access. The decision establishes that electronic case management metadata, including user attribution for document creation and modification, falls within the scope of public information subject to disclosure.