Freedom Of Information Essay ⋆ Political Science Essay Examples ⋆ EssayEmpire

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Freedom of information (FOI) signifies one’s right of access to information held by government. Generally, this access includes access to both government-owned documents and government meetings. FOI, sometimes refer red to as the “right to know,” contributes more broadly to transparency, which is evaluated by how well one is able to see what government is doing. According to Suzanne Piotrowski (2007), transparency is achieved through five avenues: FOI laws, proactive dissemination of information, open meetings, whistle-blowing, and leaks. FOI—and transparency generally—is salient because it helps to ensure and foster democracy, accountability, and citizen trust as well as potentially curb corruption. Since democracy works best when people are informed, information flow from the government, then, can be thought of as a way to ensure better democratic practices and citizen participation. Furthermore, access to government documents, information, and meetings paves the way for an accountability mechanism or check from the public by allowing the public to monitor the decisions and actions taken (or not taken) by government. While FOI is thought to be an essential right for all, too much FOI could potentially pose a threat. Personal privacy and the need for secrecy—especially in cases of security—have the potential to be at odds with FOI rights. As a result, one’s right to know as well as one’s right to privacy and security must be balanced in such a way that neither is breached.

How FOI Is Achieved

FOI can be achieved in two major ways: access to documents and access to meetings. Access to documents is typically obtained through the use of FOI laws. FOI laws vary around the world but generally include, among other components, the types of documents that can be requested, who can request them, from what government agencies and bodies they can be requested, the types of documents exempt from release, the process for appealing denial of access, and fee schedules. Some laws protect the FOI rights of citizens only, while others allow all persons to submit and be granted requests for information.

The first known FOI law was adopted in Sweden as the Freedom of the Press Act in 1766, which mandated that all public records be considered open to the public. According to David Banisar (2006), the worldwide spread of FOI as a right did not occur until almost two hundred years later after World War II (1939–1945) with the establishment of the United Nations and the creation of international standards for human rights. Furthermore, Banisar reports that as of 2006, close to seventy countries in the world have such laws on the books, and an additional fifty laws are pending. In recent years, FOI laws have come to be known as standard, with the international community—such as the United Nations, the European Union, and the African Union—urging countries to adopt them.

A second avenue of access to government documents is proactive dissemination. Here, governments release documents and information without having been asked. Proactive dissemination may occur when information is requested at such a frequency that it is best for the government to release it for the public to peruse on its own or when it is no longer necessary that the information be private. Documents released this way can be kept in libraries, online, or in other locations. Proactive dissemination practices and norms may or may not be included in FOI laws.

Another way FOI can be achieved is through the use of sunshine laws. Sunshine laws, or open meetings laws, allow for the public to attend meetings and proceedings of a governmental body. In the United States, these laws are typical of all states and apply to state and local government bodies. These laws generally include requirements of notice, agendas, and written minutes of meeting proceedings. Much like FOI laws, there are usually specific provisions that cover which types of meetings can be conducted in private. Common examples of acceptable closed meetings in the United States include proceedings pertaining to particular personnel or meetings during bargaining for real estate transactions. In some cases, written records of proceedings conducted behind closed doors are liable to becoming public once privacy or secrecy is no longer at issue. Last, FOI and access to meetings are sometimes covered together under a single law.

When FOI Is Failed

FOI, as discussed above, can help to ensure democratic processes within government. Citizens and residents who utilize these laws can act as a potential check on government with close inspection of information and proceedings. However, FOI can only truly be achieved if a government is transparent and open about its information. In other words, FOI rights are upheld when governments produce honest documents and information in a timely manner that is not burdensome on requestors.

When dishonest or falsified government information is released to the public under the guise of true information, FOI is violated and is only present in theory. In these cases, whistleblowing or leaks are sometimes necessary for FOI rights and transparency to prevail. A whistle-blower is defined by Sissela Bok (1989) as one who “make[s] revelations meant to call attention to negligence, abuses, or dangers that threaten the public interest. They sound an alarm based on their expertise or inside knowledge, often from within the very organization in which they work.” A leak occurs when an informant on the inside, usually keeping him or herself anonymous, releases this information to the press. A famous example of leaking occurred in the United States during the Watergate scandal of the 1970s Nixon administration. When whistle-blowing or leaks are necessary for the public to be informed, FOI is not being maintained.

Bibliography:

Banisar, David. Freedom of Information around the World 2006: A Global Survey of Access to Government Information Laws. London: Privacy International, 2006.
Bok, Sissela. “Whistleblowing and Leaks.” Chap. 14 in Secrets: On the Ethics of Concealment and Revelation. New York: Vintage, 1989.
Hood, Christopher, and David Heald, eds. Transparency: The Key to Better Governance? Oxford, UK: Oxford University Press for the British Academy, 2006.
Mendel, Toby. Freedom of Information: A Comparative Legal Survey. Paris: UNESCO, 2008. Piotrowski, Suzanne J. Governmental Transparency in the Path of Administrative Reform. Albany: State University of New York Press, 2007.
Roberts, Alasdair. Blacked Out: Government Secrecy in the Information Age. Cambridge: Cambridge University Press, 2006.
Rourke, Francis E. “Administrative Secrecy: A Congressional Dilemma.” American Political Science Review 54, no. 3 (1960): 684–694.
Warren, Samuel D., and Louis D. Brandeis. “The Right to Privacy.” Harvard Law Review 4, no. 5 (1890): 193–220.