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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.

This indicator thus focuses on frameworks that govern the performance data of RTI/FOI processes. (A separate indicator, built from secondary data, assesses RTI/FOI governance frameworks themselves.)

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.

Examples

  • In Indonesia, Article 12 of the UU KIP (Public Information Disclosure Law) mandates that all public authorities submit annual reports on their law implementation, particularly request processing. These reports must include statistical data on the number of requests refused and the exceptions cited, average processing times, and details on proactive publication, record management, and training.

  • As a guidance, article 65 of the OAS model law recommends that mandated agencies submit annual reports to the Oversight Body detailing their compliance. These reports should include the number of information requests received, granted, or denied, with disaggregation by gender and other demographics where possible, including indigenous groups and economically disadvantaged persons. The report should also cover the number of delayed responses with justifications, the sections of the Law invoked to deny requests, response times, and the number of appeals against denials, disaggregated by gender.

If there are multiple forms of RTI/FOI frameworks operating in this country—for example, for different branches of government or types of agency—please explain this briefly in the existence summary box and assess here the form with the broadest coverage. If there are significant differences in how you would assess other common forms of RTI performance data frameworks, please explain in the summary box.

Note: This indicator pairs with a related indicator that assesses availability of RTI performance 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

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 number of requests submitted and filled—be both collected 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 agencies not only to track when and why material is withheld from requesters—either partially or in full—but also to 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?

Show/hide supporting questions

Existence

  • 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.

  • 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.

  • Extent of existence:

  • 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.

  • How comprehensive, in terms of parts of government, is the framework assessed for this question? (The framework covers only a limited part of government. (E.g., only specific agencies in a single branch of government, or a few government bodies across branches.), The framework covers the majority of government, but some positions, agencies, or branches may be exempt., The framework covers the entire public sector.)

    Supporting questions (conditional)

    If The framework covers only a limited part of government. (E.g., only specific agencies in a single branch of government, or a few government bodies across branches.): Which parts of government does this framework cover?

    If The framework covers the majority of government, but some positions, agencies, or branches may be exempt.: What parts of government are exempt?

  • Existence summary:

  • 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

  • Provisions for definitions, kinds, and fields:

  • The framework requires the collection and publication of data describing the number of requests submitted and processed. (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.

  • 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 explain your “Partially” response.

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

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

    Supporting questions (conditional)

    If Partially: Please explain your “Partially” response.

    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?

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

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

    Supporting questions (conditional)

    If Partially: Please explain your “Partially” response.

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

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

  • 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 explain your “Partially” response.

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

  • Provisions for data quality:

  • 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.

  • 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.

  • Provisions for collection and access:

  • 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.

  • 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.

  • 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.

  • Elements summary:

  • 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.

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 right to information laid out by legislation, such as slow response times, inappropriate use of exemptions, difficulties in contesting decisions—even lack of appropriate staffing and technical expertise among the relevant records officers can be a critical de facto impediment.

Elsewhere we investigate RTI frameworks themselves. This indicator instead investigates the frameworks countries have in place for collecting and publishing data on the performance of RTI processes.