HONDURAN CONGRESS PASSES NEW LAW OF HABEAS DATA

UNCLAS TEGUCIGALPA 000250

SIPDIS

FOR WHA/CEN, WHA/PDA, AND DRL/PHD

E.O. 12958: N/A
TAGS: PGOV PHUM OIIP PREL KPAO HO
SUBJECT: HONDURAN CONGRESS PASSES NEW LAW OF HABEAS DATA
COVERING ACCESS TO PUBLIC INFORMATION



1. SUMMARY: On January 20, the Honduran Congress passed a
series of proposed changes to the Constitution to improve
the mechanisms of civic participation and governmental
accountability through the introduction of new democratic
measures such as plebiscites and referenda. At the eleventh
hour, a new measure was added protecting public and private
institutions and figures from certain disclosures. A close
reading of the law reveals a number of ambiguous and
contradictory points. Media, civil society groups and
Congressional deputies from the smaller parties reacted with
caution. However, all measures will require approval during
the subsequent session of Congress. END SUMMARY

LAW OF HABEAS DATA (FREEDOM OF INFORMATION)
--------------


2. The law consists of a modification of Article 182 of the
Constitution and introduces the concept of Habeas Data. It
is a mechanism to be used "to obtain access to information,
to impede its transmission or disclosure, to rectify
inaccurate or erroneous data, to update information, to
demand confidentiality, and to eliminate false information,
in regard to any public or private archive or registry that
is disclosed through a conventional, electronic or
informative outlet, which may harm the honor, personal,
family, or institutional privacy of any person. It will not
affect the secrecy of the sources of information to the
media".

DISAGREEMENT ON WHAT IT MEANS
--------------


3. According to several Congressmen, including the bill's
sponsor, National Party deputy Oswaldo Ramos Soto, "Habeas
Data is oriented to the free access of information. It
provides a right to access information that will benefit all
journalists and doesn't adversely affect the freedom of the
press." However, others in Congress expressed disagreement
with this view. Congressman Toribio Aguilera from the
Innovation and Unity Party (PINU) said, "Habeas Data
endangers freedom of the press in our country. Congress has
been irresponsible by approving these important reforms
without undertaking appropriate consultations or discussing
them in a proper manner."


4. The President of the Honduran College of Journalists
(CPH) Juan Ramon Mairena, said, "We are on guard. After a
careful analysis, we've concluded that this reform does
violate our freedom to inform the Honduran people. Freedom
of the press and expression shouldn't be censored." In
addition, other journalists have protested against the
reform, calling it a "gag law" (ley mordaza).


5. Reaction from other journalists opposed to the
Constitutional reform law expressed the view that it is
another attempt by the political elites to hinder the work
and independence of the Honduran media at the start of an
election year.


6. COMMENT: Since there has been no final draft text of the
reform of Article 182 as Congress approved it, and the text
is being changed on almost a daily basis by the
Congressional Style Committee (which reviews the language of
legislation before making it final) there remains a lot of
uncertainty about the intent and final structure of Habeas
Data. The text of the article as initially passed is also
ambiguous, but could seemingly be used to prevent the press
from disclosing information or public records that may be of
general public interest, but that some groups or persons
could find harmful to their own interests or object to on
privacy grounds.


7. It also remains unclear what the legal meaning of "honor"
is in the context of the law. The package of legal reforms
was supposed to provide greater access to public information
by civil society and encourage citizen participation, making
administrative processes more transparent. At the last
minute, the Congress appears instead to have voted to set up
rules to hinder media and citizen groups from bringing
charges of public corruption.


8. If the original interpretation holds, the law also may
create a broad category of "state secrets", far beyond
matters related to national security. The legislation also
appears to permit government officials to hide suspect
activities from public scrutiny. End Comment.

Palmer