Opposition lawmakers asked Costa Rica’s Constitutional Chamber today to immediately suspend a decree that places broad categories of government security information, including budgets and public contracts, under state secrecy. Lawmakers from the National Liberation Party, Broad Front, Social Christian Unity Party and the Citizen Agenda Coalition filed a constitutional challenge against the Executive Decree.
The filing argues that the decree violates constitutional protections covering the public’s right to request and access government information. It asks the court to suspend the measure while judges determine whether it is constitutional. The lawmakers accept that operational plans, intelligence and other sensitive security information may require protection. Their objection centers on the decree’s wider reach, particularly its coverage of spending, procurement procedures, bids, contracts and administrative decisions.
According to the opposition, those restrictions could prevent journalists, legislators and the public from monitoring how government money is spent. The filing argues that secrecy should remain an exceptional and narrowly justified measure rather than becoming a general rule for government security operations.
The opposition’s challenge joins four earlier cases filed by citizens. As of Monday, the Constitutional Chamber was reviewing the admissibility of three appeals for constitutional protection and one separate constitutional challenge. The latest filing does not automatically suspend the decree. Costa Rican constitutional law generally allows a disputed regulation to remain in effect while judges examine a challenge unless the court orders otherwise.
President Laura Fernández signed the decree on July 27, and it was published in the official La Gaceta newspaper on August 10. The measure covers information connected to the National Public Security Council, the Directorate of Intelligence and National Security, known as DIS, and the government security group called Fuerza Élite.
It also applies to other security and national defense coordination led by the presidency. Protected material includes reports, recordings, meeting minutes, operational plans, command structures, intelligence methods, technological resources and police response strategies. The decree also covers procurement records, including technical studies, offers, contract awards, financing arrangements and the execution of contracts.
Government employees, advisers and private contractors who work with the covered agencies must maintain confidentiality. That obligation continues indefinitely, including after their employment or contractual relationship with the government ends. Fernández has defended the measure, saying publicly available information related to national security will remain accessible. She said the decree is intended to protect information that would be dangerous for criminal organizations to obtain.
The president cited organized-crime strategies and the identities of people or companies hired to conduct polygraph testing as examples of information that could expose officials or contractors to threats. The government has argued that disclosing sensitive information could compromise police operations, endanger officials and interfere with international security cooperation.
Opposition lawmakers say the decree goes much further than protecting active investigations or police tactics. The Constitutional Chamber must now decide whether to accept the latest challenge and whether to grant the requested suspension.
