US embassy cable - 04TEGUCIGALPA250

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