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Ernesto Neri
Ernesto Neri

This document discusses successes and failures of freedom of information laws from a global perspective. It finds that while FOI laws have increased government accountability in some countries by up to 20 years after enactment, responsiveness to information requests has remained mixed, with less than half of requests being fully successful. An ideal FOI law has broad coverage of information, narrow exemptions subject to public interest overrides, an independent implementing agency, timely responses, low costs, and penalties for noncompliance. Mexico is highlighted as having a relatively strong FOI law due to factors like its broad public interest test and capable independent oversight agency.

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FREEDOM OF INFORMATION: Successes and Failures from a Global Perspective
• Democracy is a system of government where public officials are held accountable for their actions by citizens. citizens need information which they use to scrutinize and assess their government and thus hold public officials accountable; freedom of information is intimately tied to the practice of democratic citizenship, equally as essential as elections and civil rights.
• Transparency is an element necessary for accountability the rationale behind the rise of FOI movements and the wide scale enactment of FOI laws around the world.
2012 Relevant Data on FOI  94 nations have enacted FOI legislation;  Sub-national level, 178 FOI laws have been enacted;  international level, at least three treaties have been enacted;  at least 53 countries are "More or less close to" adopting an FOI law
"The global Freedom of Information (FOI) community has recently begun a process of substantial self-reflection in order to assess whether their initiatives are having a measurable impact”. Bentley and Calland Academic Paper
Findings and Impact of the Freedom of Information Laws
Accountability  FOI laws make governments more accountable.  Mungiu-Pippidi studies the use of FOI laws as an anti- corruption tool and finds that there is a substantial increase of control over corruption up to twenty years after the enactment of an FOI Law.
Accountability Despite the presence of other anti-corruption measures (ratification of the UN Convention against Corruption, establishment of an Anti-Corruption agency and the Office of the Ombudsman), only the presence of an FOI law has a significant effect on control over corruption.  there is a substantial increase in the number of convictions in the first 8 years of enactment.
Responsiveness impact of FOI laws on responsiveness is much more ambivalent. a study by Open Society Justice Initiative states while 43% of countries that had FOI laws experienced increased responsiveness in release of government documents, 48% of requests were denied, with 22% of denials in the form of mute replies- that is, no reply was received.
Foi presentation
Foi presentation
Responsiveness Responsiveness has not increased considerably since 2006. A study by Access to Info Europe (2011) on success rates of requests for budget information notes that less than half (26%) of requests were successful. 19% received incomplete information and 38% received mute replies.
Successful Case: MEXICO
The primary strength in the Mexican FOI Law lies in the following: the existence of a blanket public interest override; the existence of a capable, independent implementing body, the Federal Institute for Access to Public Information (IFAI).
Other Salient Features: Article 16 states that none of the laws exemptions apply to information necessary for "investigating grave violations of fundamental rights or crimes against humanity." Meaning, requests involving such information cannot be denied, even if national security is invoked.
Other Salient Features: Mexico's FOI law does not require people requesting information to state their purpose; has strong procedural guidelines. If an agency is unable to respond to a request on time, the result is assumed to be positive and the burden is put on the agency in case the response is not met.
Other Salient Features: Mexico FOI law is implemented by separate implementing agency, the IFAI. It also holds the power to review denied requests and acts as an ombudsman for strengthening the 'culture of transparency' in the government. The IFAI is also mandated to help the applicant.
Data during the first three years of Mexico's electronic freedom of information system:  public officials performed at a "satisfactory" level in 67% of the cases, 9% percent of agency responses exceeded the expectations of the requester, and only 24% of the responses were demonstrably unsatisfactory;  the IFAI's satisfaction ratings dropped when it came to responses for more complex documents.  the IFAI also extensively makes use of IT and the internet in handling requests for information.
Contents of a Strong FOI Law (Ideal)
Presumption of Release blanket coverage of all government information; all government information is assumed to be open for access, unless otherwise stated in the exemptions; essence of freedom of information- that every citizen has a right to access information.
Exemptions the coverage of the FOI must be as wide as possible; The general rule is that all public institutions must be covered; FOI laws must be amenable to accessing information from GOCCs and private entities that perform public duties.
Exemptions Exemptions, if there are any, must be clearly defined; subjected to a public interest override; Mexico’s case: Exemptions do not apply when it is a matter of public interest, such as in violations of human rights.
Exclusions: distinct from exemptions; must be as few as possible. UK's FOI law has around 20 exemptions.
Existence of an independent implementing agency the ideal arrangement is to create a special public body (with Ombudsman Powers); Note that without an independent body, all appeals must go to the courts.
Timeliness there must be little delay in getting documents (essential to establish means of validation); costs must be minimal; specific procedural guidelines are necessary to avoid the problem of "mute requests”; strict penalties for non-compliance
“Scrutiny is necessary for us to determine the effectiveness of FOI laws, and to see whether or not the spread of an idea- that open access to government information fosters the transparent institutional environment necessary to be able to hold ones government accountable”. Robert Hazell and Ben Worthy "Assessing the Performance of Freedom of Information"
THANK YOU!

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Foi presentation

  • 1. FREEDOM OF INFORMATION: Successes and Failures from a Global Perspective
  • 2. • Democracy is a system of government where public officials are held accountable for their actions by citizens. citizens need information which they use to scrutinize and assess their government and thus hold public officials accountable; freedom of information is intimately tied to the practice of democratic citizenship, equally as essential as elections and civil rights.
  • 3. • Transparency is an element necessary for accountability the rationale behind the rise of FOI movements and the wide scale enactment of FOI laws around the world.
  • 4. 2012 Relevant Data on FOI  94 nations have enacted FOI legislation;  Sub-national level, 178 FOI laws have been enacted;  international level, at least three treaties have been enacted;  at least 53 countries are "More or less close to" adopting an FOI law
  • 5. "The global Freedom of Information (FOI) community has recently begun a process of substantial self-reflection in order to assess whether their initiatives are having a measurable impact”. Bentley and Calland Academic Paper
  • 6. Findings and Impact of the Freedom of Information Laws
  • 7. Accountability  FOI laws make governments more accountable.  Mungiu-Pippidi studies the use of FOI laws as an anti- corruption tool and finds that there is a substantial increase of control over corruption up to twenty years after the enactment of an FOI Law.
  • 8. Accountability Despite the presence of other anti-corruption measures (ratification of the UN Convention against Corruption, establishment of an Anti-Corruption agency and the Office of the Ombudsman), only the presence of an FOI law has a significant effect on control over corruption.  there is a substantial increase in the number of convictions in the first 8 years of enactment.
  • 9. Responsiveness impact of FOI laws on responsiveness is much more ambivalent. a study by Open Society Justice Initiative states while 43% of countries that had FOI laws experienced increased responsiveness in release of government documents, 48% of requests were denied, with 22% of denials in the form of mute replies- that is, no reply was received.
  • 12. Responsiveness Responsiveness has not increased considerably since 2006. A study by Access to Info Europe (2011) on success rates of requests for budget information notes that less than half (26%) of requests were successful. 19% received incomplete information and 38% received mute replies.
  • 14. The primary strength in the Mexican FOI Law lies in the following: the existence of a blanket public interest override; the existence of a capable, independent implementing body, the Federal Institute for Access to Public Information (IFAI).
  • 15. Other Salient Features: Article 16 states that none of the laws exemptions apply to information necessary for "investigating grave violations of fundamental rights or crimes against humanity." Meaning, requests involving such information cannot be denied, even if national security is invoked.
  • 16. Other Salient Features: Mexico's FOI law does not require people requesting information to state their purpose; has strong procedural guidelines. If an agency is unable to respond to a request on time, the result is assumed to be positive and the burden is put on the agency in case the response is not met.
  • 17. Other Salient Features: Mexico FOI law is implemented by separate implementing agency, the IFAI. It also holds the power to review denied requests and acts as an ombudsman for strengthening the 'culture of transparency' in the government. The IFAI is also mandated to help the applicant.
  • 18. Data during the first three years of Mexico's electronic freedom of information system:  public officials performed at a "satisfactory" level in 67% of the cases, 9% percent of agency responses exceeded the expectations of the requester, and only 24% of the responses were demonstrably unsatisfactory;  the IFAI's satisfaction ratings dropped when it came to responses for more complex documents.  the IFAI also extensively makes use of IT and the internet in handling requests for information.
  • 19. Contents of a Strong FOI Law (Ideal)
  • 20. Presumption of Release blanket coverage of all government information; all government information is assumed to be open for access, unless otherwise stated in the exemptions; essence of freedom of information- that every citizen has a right to access information.
  • 21. Exemptions the coverage of the FOI must be as wide as possible; The general rule is that all public institutions must be covered; FOI laws must be amenable to accessing information from GOCCs and private entities that perform public duties.
  • 22. Exemptions Exemptions, if there are any, must be clearly defined; subjected to a public interest override; Mexico’s case: Exemptions do not apply when it is a matter of public interest, such as in violations of human rights.
  • 23. Exclusions: distinct from exemptions; must be as few as possible. UK's FOI law has around 20 exemptions.
  • 24. Existence of an independent implementing agency the ideal arrangement is to create a special public body (with Ombudsman Powers); Note that without an independent body, all appeals must go to the courts.
  • 25. Timeliness there must be little delay in getting documents (essential to establish means of validation); costs must be minimal; specific procedural guidelines are necessary to avoid the problem of "mute requests”; strict penalties for non-compliance
  • 26. “Scrutiny is necessary for us to determine the effectiveness of FOI laws, and to see whether or not the spread of an idea- that open access to government information fosters the transparent institutional environment necessary to be able to hold ones government accountable”. Robert Hazell and Ben Worthy "Assessing the Performance of Freedom of Information"