Governance: Lobbying register¶
To what extent do relevant laws, regulations, policies, and guidance provide a basis for collecting and publishing data on lobbying activities?
Definitions and Identification
While there are considerable differences in how lobbying activities are defined for reporting purposes—a key impediment to studying lobbying comparatively—there’s widespread consensus on the underlying concept of lobbying. Here we use the International Standards for Lobbying Regulation’s definition: lobbying includes “any direct or indirect communication with a public official that is made, managed, or directed with the purpose of influencing public decision-making;” moreover, as their guidance notes, “a lobbying definition should address commonly known forms of lobbying, where a lobbyist enters into direct contact with a public official, but it should also cover indirect lobbying activities, for example, where lobbyists mobilize other stakeholders to represent their views or hire consultancy firms to do lobbying work on their behalf.”
Increasingly, governments at different levels are establishing frameworks to govern lobbying. Typically these take the form of lobbying registers. Lobbying registers track who engages in and with lobbying, how, and when.
This indicator is based on the presence and strength of legislation, regulations, or policies that govern whether:
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Lobbying registers contain structured data on the activities of lobbyists, clients, and public officials.
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Lobbying registers include a verification process.
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Lobbying registers are regularly updated in a manner that is timely and responsive to lobbying activities.
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Lobbying registers are published.
It's important to note that not every lobbying actor may be located in the same country. If a lobbyist in country A lobbies a local official in country A on behalf of a company located in country B, then lobbying registers in both country A and country B may in theory be expected to contain details of that activity.
Examples
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Chile's Law No. 20,730 defines lobbying activities, including lobbyists and their interactions aimed at influencing public decisions. It mandates a public register for lobbyists, requiring the reporting of meetings, hearings, trips, and gifts related to lobbying. This information must be published and updated monthly on official websites (Articles 7, 8, and 9).
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Canada's Lobbying Act requires the disclosure of lobbying activities, including the identities of lobbyists, their clients, involved public officials, and the objectives and timing of engagements. Section 5 mandates that lobbyists file monthly returns detailing their activities and expenses. This information is publicly accessible via the Lobbyists' Registry, with the Commissioner of Lobbying empowered to investigate and ensure its accuracy, promoting transparency and accountability.
In the case of lobbying, it's possible for a framework to require regular updates without those updates being timely or responsive to lobbying activities. For example, if a framework requires updates every year, those updates may be regular but not sufficiently responsive to specific lobbying activities to offer insights into which lobbyist clients may have influenced a public official's stance on a policy. Check to make sure the framework includes not just regular updates but updates that are responsive to lobbying activities.
If there are multiple forms of lobbying registers operating under different frameworks, you should focus your assessment on the most common domestic form. If there are notable variations in the assessment you would make for other common forms of lobbying registers, please briefly comment on this in the indicator’s existence summary box.
Note: This indicator pairs with a related indicator that assesses availability of lobbying data in order to compare frameworks and actual practice. While completing each one, you will likely discover further information that will help answer the sub-questions of the other, so it is suggested that you work on the pair together.
Starting points
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Sources:
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High Authority for Transparency in Public Life's comparative study of lobbying regulation mechanisms; this covers 41 jurisdictions, primarily European but with examples from elsewhere around the world as well, with sources; from October 2020.
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The Open Government Partnership commitments on lobbying offer an overview of lobbying commitments and their implementation made by various countries and cities.
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The OECD’s 2021 report “Lobbying in the 21st Century”; see particularly chapter 2, which examines lobbying disclosures across OECD countries.
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Search:
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For recent updates to lobbying laws in the country.
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The website(s) of the country's lobbying registration agency/agencies for details of how they collect and manage data, and the basis of this in law or regulation.
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For examples of current forms used to register lobbying activities.
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For lobbying databases constructed by journalists or country-relevant NGOs that coordinate multiple streams of lobbying data; among other information, these may contain details on known gaps in this law or regulation.
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Consult:
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Investigative journalists who focus on corruption and integrity issues in the country.
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Local officials of civil society organizations focused on transparency and accountability in governance.
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Lobbyists.
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What to look for?
Look for evidence that can answer the following questions:
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Is the framework for disclosure and verification of lobbying activities provided for in law, regulation, policy, or guidance?
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Does the framework focus on lobbyists, lobbying transactions, or both?
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Does the framework provide unambiguous definitions of lobbying activities, or is there a pattern of confusion or disagreement about what constitutes a lobbying activity?
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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?
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Does the framework specify that information should be updated in a manner that is timely and responsive to lobbying activities?
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Which branches of government and government bodies does the framework cover?
Show/hide supporting questions
Existence
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Are there laws, policies, or regulations requiring collection of this information in any form?
- No.
- They are being drafted, or are not yet implemented.
Supporting questions: Please provide brief details.If the framework exists only in draft form, please provide the date of any relevant drafts.Please provide a URL(s) for where evidence can be found.
- They exist and are operational.
Supporting questions: Please provide brief details.Please provide a URL(s) for where evidence can be found.
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Are there laws, policies, or regulations requiring publication of this information in any form?
- No.
- They are being drafted, or are not yet implemented.
Supporting questions: Please provide brief details.If the framework exists only in draft form, please provide the date of any relevant drafts.Please provide a URL(s) for where evidence can be found.
- They exist and are operational.
Supporting questions: Please provide brief details.Please provide a URL(s) for where evidence can be found.
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Extent of existence:
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How comprehensive, in terms of jurisdiction, is the coverage of the framework assessed for this question? (The framework covers one or more localities, but there are many other localities without such a framework, or with a framework of a lesser quality., The framework covers one or more localities and is representative of the kind of frameworks that can be found for all, or most, localities., The framework provides national coverage.)
Supporting questions (conditional)
If The framework covers one or more localities, but there are many other localities without such a framework, or with a framework of a lesser quality. or The framework covers one or more localities and is representative of the kind of frameworks that can be found for all, or most, localities.: Which locality or localities does this framework cover?
If The framework covers one or more localities, but there are many other localities without such a framework, or with a framework of a lesser quality. or The framework covers one or more localities and is representative of the kind of frameworks that can be found for all, or most, localities.: Please explain your response.
If The framework covers one or more localities, but there are many other localities without such a framework, or with a framework of a lesser quality. or The framework covers one or more localities and is representative of the kind of frameworks that can be found for all, or most, localities.: Please provide supporting URL(s) as necessary.
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How comprehensively, in terms of branches and bodies of government, does the framework apply? (The framework covers only part of a single branch of government, or only a very limited selection of government bodies across branches., The framework comprehensively covers a branch of government, or covers some selected government bodies across branches; however, notable coverage gaps remain., The framework comprehensively covers all branches of government.)
Supporting questions (conditional)
If The framework covers only part of a single branch of government, or only a very limited selection of government bodies across branches. or The framework comprehensively covers a branch of government, or covers some selected government bodies across branches; however, notable coverage gaps remain.: Which part(s) of government does this framework cover?
If The framework comprehensively covers a branch of government, or covers some selected government bodies across branches; however, notable coverage gaps remain.: Please explain any notable coverage gaps.
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Existence summary:
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Please summarize your answers to the preceding existence sub-questions, including the extent of existence. [Open Text] Drawing on the research you have conducted and the evidence you have gathered for this section, describe what you have found (or not found) when answering the existence sub-questions for this indicator.
Supporting questions
Please provide the URL(s) for the evidence that supports the summary provided.
Elements
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Provisions for definitions, kinds, and fields:
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The framework contains clear and unambiguous definitions of lobbyists, lobbying clients, lobbying activities, and public officials. (No, Partially, Yes)
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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The framework requires the collection and publication of the identities of lobbyists, lobbyist clients, and public officials who engage with lobbyists. (No, Partially, Yes)
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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The framework requires the collection and publication of information on lobbyists' goals for lobbying activities. (No, Partially, Yes)
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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The framework requires the collection and publication of information on the timing of lobbying activities. (No, Partially, Yes)
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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The framework requires the collection and publication of information on topics of lobbying activities. (No, Partially, Yes)
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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The framework requires the collection and publication of information on how much money is spent on lobbying activities. (No, Partially, Yes)
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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Provisions for data quality:
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The framework empowers an agency or official to ensure the accurate and timely collection and publication of required data. (No, Partially, Yes) For example, a framework might establish or resource offices for data verification, grant an agency sanction powers for noncompliance, etc.
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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The framework requires a verification process. (No, Partially, Yes) There are many different kinds of verification processes. Some processes are automated, some involve direct human review, some combine the two. For example, in some cases, data is required from multiple parties engaged in an activity and that data is then cross-verified automatically. 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 or Yes: Please briefly explain the verification process used.
If Partially: Please explain your “Partially” response, including which parts of the collected data the framework requires to be verified and which parts it does not.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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Provisions for collection and access:
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The framework supports the digital collection of data. (No, Partially, Yes) For example, entities submitting information may be required to use digital forms.
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: Does the framework support the collection of structured data? Please explain your response.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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The framework requires that data is regularly updated. (No, Partially, Yes) For example, a framework may establish a specific collection and publication schedule relevant to its intended use.
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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The framework discusses public access to the data. (No, Partially, Yes)
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: Does the framework support the publication of open data? Please explain your response.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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Elements summary:
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Please summarize your answers to the preceding element sub-questions. [Open Text] Drawing on the research you have conducted and the evidence you have gathered for this section, describe what you have found (or not found) when answering the element sub-questions for this indicator.
Supporting questions
Please provide the URL(s) for the evidence that supports the summary provided.
In recent years lobbying has become an area of increasing regulation, with a priority placed on understanding who specifically lobbies. Thus, regulations typically require some form of lobbying register. Depending on how registers are designed, they may include not only identities of lobbyists but also transaction data regarding meetings, briefs, and gifts. Such registers ground a great deal of new empirical research (see, e.g., Bombardini and Trebbi 2020; de Figueiredo and Richter 2014) on lobbying. At the same time, they have gaps: different definitions of what requires reporting, sometimes within the same level of government (e.g., Mexico); more or less stringent sanction and cross-verification practices; differing capabilities for surfacing grassroots lobbying.
To understand both gaps and best practices across the world, this indicator investigates the frameworks countries have in place for collecting and publishing data on lobbying activities.