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Governance: RTI performance

To what extent do relevant laws, regulations, policies, and guidance provide a basis for collecting and publishing data on the performance of right to information (RTI) / freedom of information (FOI) processes?

Definitions and Identification

Alternately framed as right to information (RTI), freedom of information (FOI), and access to information (ATI), most countries around the world have some provision by which members of a public can request information that is held by government. Significant differences exist in terms of which branches of government a request can be made of, and what types of exemptions are allowed. Further, in some countries distinct frameworks exist at multiple levels of government.

Taking the RTI process as foundational to the open information and data flows upon which much data for public good builds, this indicator examines the transparency of a country's RTI process, as evinced through its performance and administrative data.

Thus, this indicator is based on the presence and strength of legislation, regulations, or policies that govern whether:

  • Information is collected and published regarding the number of RTI/FOI requests submitted and filled.
  • Information is collected and published regarding agencies' response times.
  • Information is collected and published regarding material withheld from requesters, either partially or entirely, and the reasons for that withholding.
  • Information is collected and published regarding appeals to RTI/FOI determinations and the results of these appeals.
  • Published RTI performance information is linked to the relevant agency, department, or other governmental entity.

Note: This indicator focuses on the frameworks that govern the performance data of RTI/FOI processes. A separate indicator, built from secondary data sources, will assess RTI/FOI governance frameworks themselves.

If there are multiple forms of RTI/FOI frameworks operating in this country—for example, at national and sub-national levels—please explain this briefly in the justification box and assess here the most common domestic form. If there are significant differences in how you would assess other common forms of RTI performance data frameworks, please explain briefly in the free text justification.

Starting points

What to look for?

Look for evidence that can answer the following questions:

  • Is the framework governing RTI/FOI performance data provided for in law, regulation, policy, or guidance?
  • Does the framework require that basic performance and administrative data about the RTI/FOI process, such as the number of requests submitted and filled, be generated and published?
  • Does the framework require that agencies, either individually or through a unified system, not only track how long it takes them to fulfill RTI/FOI requests, but also publish that information?
  • Does the framework require that agencies not only track when and why material is withheld from requesters—either partially or in full—but also publish that information?
  • Does the framework require agencies not only to track appeals to RTI/FOI determinations and their results, but also to publish that information?
  • Does the framework require that published RTI/FOI performance and administrative data be linked to the relevant agency, department, or other governmental entity?
  • Does the framework empower an agency or official to ensure the accurate and timely collection and publication of required data? Does it require a verification process?
  • Does the framework cover the entire public sector? Does it cover the national government, but not certain positions, agencies, or branches? Does it only apply to certain levels of government?

National and sub-national considerations

In some countries frameworks that govern RTI/FOIA performance data have been established by individual states, regions, or cities.

To assess countries where such frameworks are organized sub-nationally, researchers should select the strongest example of sub-national practice, and then indicate whether this is an outlier or an example of widespread practice.

Show/hide supporting questions

Existence

  • Are there laws, policies, or regulations requiring collection or publication of this information in any form?

    • No.
    • They are being drafted, or are not yet implemented.
      Supporting questions: Please provide brief details.
    • They exist and are operational.
      Supporting questions: Please provide brief details.

  • Do relevant laws, policies, regulations, or guidance discuss the publication of open data?

    • There is no mention of data or the publication of data in relevant laws, policies, or guidance.
    • Requirements to publish data are set out in non-binding policy or guidance.
      Supporting questions: Please provide a URL to the most relevant legislation, policy, or guidance.
    • Requirements to publish data are set out in binding policy, regulations, or law.
      Supporting questions: Please provide a URL to the most relevant legislation, policy, or guidance.
    • Requirements to publish this information as open data are set out in binding policy, regulations, or law.
      Supporting questions: Please provide a URL to the most relevant legislation, policy, or guidance.

Elements

  • Provisions for definitions, kinds, and fields:

  • The framework requires the collection and publication of data regarding the number of requests submitted and processed. (No, Partially, Yes)

    Supporting questions (conditional)

    If Partially: Please indicate which section of the framework refers to this issue and explain your 'Partially' response.

    If Yes: Please indicate which section of the framework refers to this issue.

  • The framework requires the collection and publication of data regarding how long it took the relevant government agency or agencies to fill requests. (No, Partially, Yes)

    Supporting questions (conditional)

    If Partially: Please indicate which section of the framework refers to this issue and explain your 'Partially' response.

    If Yes: Please indicate which section of the framework refers to this issue.

  • The framework requires the collection and publication of data regarding material withheld and the reasons for withholding it. (No, Partially, Yes)

    Supporting questions (conditional)

    If Partially: Please indicate which section of the framework refers to this issue and explain your 'Partially' response.

    If Yes: Please indicate which section of the framework refers to this issue.

    If Partially or Yes: Does this include collecting and publishing the total requests provided full access or partial access, as well as the total requests refused access?

  • The framework requires the collection and publication of data regarding appeals to RTI determinations and their results. (No, Partially, Yes)

    Supporting questions (conditional)

    If Partially: Please indicate which section of the framework refers to this issue and explain your 'Partially' response.

    If Yes: Please indicate which section of the framework refers to this issue.

    If Partially or Yes: Does this include collecting and publishing the percentage of requests that result in appeals?

  • The framework requires that information is linked to the relevant agency, department, or other governmental entity. (No, Partially, Yes)

    Supporting questions (conditional)

    If Partially: Please indicate which section of the framework refers to this issue and explain your 'Partially' response.

    If Yes: Please indicate which section of the framework refers to this issue.

  • Provisions for data quality:

  • The rules/guidance empower an agency or official to ensure the accurate and timely collection and publication of required data. (No, Partially, Yes)

    Supporting questions (conditional)

    If Partially: Please indicate which section of the framework refers to this issue and explain your 'Partially' response.

    If Yes: Please indicate which section of the framework refers to this issue.

  • The framework requires a verification process. (No, Partially, Yes) There are many different kinds of verification processes. In some cases, data is required from multiple parties engaged in an activity and that data is then cross-verified. In others, a dedicated agency or official has the authority to conduct audits, engaging with other agencies or external parties to verify information received.

    Supporting questions (conditional)

    If Partially: Please briefly explain the verification process used, and which parts of collected data the framework requires to be verified and which parts it does not.

    If Yes: Please briefly explain the verification process used.

  • Provisions for openness, timing, and structure:

  • The rules/guidance require that data is regularly updated. (No, Partially, Yes)

    Supporting questions (conditional)

    If Partially: Please indicate which section of the framework refers to this issue and explain your 'Partially' response.

    If Yes: Please indicate which section of the framework refers to this issue.

  • The rules/guidance support the collection of structured data. (No, Partially, Yes)

    Supporting questions (conditional)

    If Partially: Please indicate which section of the framework refers to this issue and explain your 'Partially' response.

    If Yes: Please indicate which section of the framework refers to this issue.

Extent

  • How comprehensive, in terms of jurisdiction, is the framework assessed for this question?
    • The framework assessed covers only some selected parts of national or local government.
      Supporting questions: Which parts or locality does this framework cover?
    • The framework assessed covers the national government, but some positions, agencies, or branches may be exempt or the framework may not apply to other levels of government.
      Supporting questions: What parts of government are exempt? What levels of government are not covered?
    • The framework covers the entire public sector.

Right-to-information practices are a key part of transparency and accountability initiatives that support members of a public in assessing whether and how consistently public officials use political power for the common good. This right to access the information that public authorities hold is recognized by the special mandates for the UN, OSCE, and OAS and connects directly with SDG 16.10.

When RTI practices function well, they support oversight, reduce information asymmetries, and open a dialogue between members of the public and public officials. However, the quality, comprehensiveness, and attention to performance of these laws vary. Further, in practice, a host of obstacles may impede the RTI that legislation lays out, with regard to the timeliness of response, inappropriate use of exemptions, difficulties in contesting decisions—even lack of appropriate staffing and technical expertise among the relevant record officers can be a critical de facto impediment.

This indicator investigates the frameworks countries have in place for collecting and publishing data on the performance of RTI processes. It pairs with a related availability indicator to compare frameworks and actual practice. A separate indicator, built from secondary data sources, will assess RTI governance frameworks themselves.