The Freedom of Information Act is currently the cornerstone of accountability in any democracy. The Act grants citizens access to government-held information. The Act mandates all government agencies to disclose public records upon request, except for sensitive information.
As per the act, government agencies should respond by providing the requested information within 20 days from receipt of the request. While this is good transparency, the FOI Act has several implications. They include;
Increased Transparency
The Freedom of Information Act has improved transparency in government operations. As mentioned, the Act made it possible for citizens to access detailed information about specific government decisions and actions. For instance, you can easily check development projects and other public records here.
Unlike before, citizens can hold governments accountable for their actions, promoting responsible governance. The government will likely act in line with public interest and adhere to regulations if their actions are subject to public scrutiny.
Access to public records also increases citizen’s trust in the government. Citizens with unlimited access to public records will most likely trust and believe the government is acting in their best interest. FOI Act also empowers individuals and journalists to monitor government activities. Such close oversight prevents wastage, fraud, and abuse.
The Strain on Government Resources
While the FOI Act is beneficial in improving transparency and accountability by government officials, it causes a significant strain on government resources. For starters, the number or volume of requests for public records will increase tenfold. FOIA requests vary in scope. They may be simple document requests or complicated records involving multiple agencies or years. Such volume and extent of requests can prove overwhelming for government agencies.
Processing requests requires a lot of time and effort by government employees. Employees should review every request, find matching records, and prepare responses. The time and effort required to complete all requests divert government personnel from other crucial tasks. That aside, agencies must review and isolate records with sensitive information that are exempted from disclosure. Redacting personal identifying information is similarly time-consuming, especially for complex records.
Litigation and Disputes
The other drawback that comes with the FOI Act is possible litigation and disputes. This often arises when the requesting citizen doesn’t agree and challenges the agency’s responses. Litigation and disputes may arise in the following ways:
- Denials and appeals: It is not uncommon for government agencies to deny or withhold information.The requesting citizen may appeal or seek judicial review of the agency’s decision.
- Exemptions and redactions: The FOI Act has a provision that allows government agencies to redact or exempt some information. Agencies are prohibited from disclosing national security information and confidential business records. However, there’s a thin line that separates exempted information, commonly resulting in legal issues.
- Fee issues: The FOI Act allows government agencies to charge requesters a fee for processing their responses. This is another legal loophole, as requesters may contest the fees, terming them excessive and unjustified.
Litigation and disputes are expected, especially since citizens may be interested in all manner of public records. However, it reflects the tension between maintaining transparency and the agency’s commitment to protective, sensitive information.
Endnote
The FOI Act has significantly transformed the laws guiding access to public records. It has brought along great transparency and accountability by government agencies. Through this Act, private citizens, journalists, and activist groups can keep the government in check. However, it comes with a set of challenges, especially litigation and disputes.
