P.R. Laws tit. 3, § 1858g

2019-02-20 00:00:00+00
§ 1858g. Public inspection and access to financial reports required under this chapter

(a) Access to a summary of financial reports.— The Office shall make available to the public a summary on the contents of the financial reports filed by the members of the Executive Branch through its webpage. The summary shall contain the following information:

(1) Total income such as wages, compensations, transactions, own business, and other income, as provided in subsection (b) of § 1858c of this title.

(2) Total assets, including tangible and intangible property with monetary value, as provided in subsection (c) of § 1858c of this title.

(3) Total liabilities, including all obligations and commitments, as provided in subsection (d) of § 1858c of this title.

(4) All other financial transactions, as provided in subsection (e) of § 1858c of this title.

(b) Review of financial reports.— The Executive Director may authorize the review and access to the financial reports of the members of the Executive Branch filed, as provided in this chapter, solely when such reports are final and when it is shown that the information is necessary to submit additional data revealing a possible violation of the provisions of this chapter.

The partial or total review or access to these financial reports shall be authorized upon filing a sworn written application stating the following:

(1) Name, address, and occupation of the applicant; the name and address of the public or private entity on whose behalf the report is requested.

(2) That the applicant is aware of the prohibitions and restrictions on the use of the reports.

(3) The data or information on which the applicant has based his/her reasons to belief that there is a possible violation of the provisions of this chapter, which justifies the granting of access to such financial report.

Any person who, after having been granted authorization to review a financial report, in whole or in part, uses such information for purposes other than those authorized under this chapter, shall be guilty of a felony. Upon conviction for this crime, such person shall be punished by imprisonment for a fixed term of three (3) years and a fine of five thousand dollars ($5,000). In addition, the court may impose community service.

(c) Access to overseeing entities.— The Executive Director shall permit the review and may furnish a copy of these financial reports, in whole or in part, in favor of the following entities which investigate or prosecute corruption cases: the Department of Justice, the Office of the Special Independent Prosecutor's Panel, the U.S. Department of Justice, and the Federal Bureau of Investigations. Such entities must have filed beforehand a written request indicating the name and the job position of the person making such request and the name and address of the entity on whose behalf the request is made. These entities are exempted from the requirement of submitting a sworn request.

(d) Action against any person providing unauthorized information.— Any person who knowingly and willfully provides to an unauthorized third party any data contained in the financial reports or allows copies thereof to be made through any medium by any means, without the authorization of the Executive Director, shall be guilty of a felony. Upon conviction for this crime, such person shall be punished by imprisonment for a fixed term of three (3) years and a fine of five thousand dollars ($5,000). In addition, the court may impose community service.

(e) The Executive Director shall establish cyber security mechanisms to prevent identity theft and protect the confidential information contained in the financial reports for the purposes of safeguarding the right to privacy of the persons filing the reports and their family units.

(f) Public review and access to financial reports of the Judicial Branch and the Legislative Branch.— Public review of and access to financial reports pertaining to the members of the Judicial Branch shall be governed by the regulations adopted to such effect by the Supreme Court of Puerto Rico. As to the members of the Legislative Branch, each House shall determine the rules that shall govern public review of and access to the financial reports of the members thereof.

History —Jan. 3, 2012, No. 1, § 5.8.