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Government Information Quarterly
journal homepage: www.elsevier.com/locate/govinf
Does the freedom of information law increase transparency at the local
level? Evidence from a field experiment
Peter Spáč
a
, Petr Voda
b,
⁎
, Jozef Zagrapan
c
a
Department of Political Science, Faculty of Social Studies, Masaryk University, Jostova 10, Brno 602 00, Czech Republic
b
International Institute of Political Science, Jostova 10, Brno 602 00, Czech Republic
c
Sociologický ústav SAV, Slovenská akadémia vied, Klemensova 19, Bratislava 813 64, Slovakia
1. Introduction
Transparency is an important attribute of public administration (cf.
Bauhr & Grimes, 2014; Heald, 2006; Worthy, John, & Vannoni, 2017).
In general, information availability facilitates public accountability (cf.
Meijer, 2014; Olsen, 2015). Transparency increases control over gov-
ernment, as it allows society to consider information that is otherwise
kept secret. Scholars agree that transparency generally enhances public
acceptance of political decisions, reduces corruption and provides more
legitimacy to democratic governments (de Fine Licht, 2014; Hood,
2006; Meijer, Hart, & Worthy, 2015). In addition, transparency may
stimulate the performance of political representatives, as the disclosure
of their mistakes and failures can eventually reduce their support (cf.
Grimmelikhuijsen & Meijer, 2012; James & Moseley, 2014). On the
contrary, Fenster (2015) challenges the simplified understanding of
transparency and concludes that for a functional state a balance be-
tween transparency and secrecy is necessary.
Furthermore, Fenster (2015: 150) argues that “transparency is best
understood as a theory of communication that excessively simplifies
and thus is blind to the complexities of the contemporary state, gov-
ernment information, and the public”. From this perspective it is im-
portant to study less abstract phenomena related to transparency. This
article aims to study one such aspect of the concept of transparency –
the compliance of officials to FOI legislation. This legislation provides
citizens with the right to ask for information and binds public officials
to respond to such demands. However, in the end, the requests are
processed by officers. Therefore, how the requests are processed is just
as important as the implementation of FOI laws.
The first FOI acts were enacted in Sweden in 1766. However, the
mass wave of adoption of such law began in 1966, when the USA
adopted their FOIA. According to Hazell and Worthy (2010), by 2010
around ninety countries had adopted this legislation, while another fifty
were preparing such measures. In 2017, the number of countries with
FOI acts was higher than 115 (Freedominfo, 2017). Hence, over time
FOI acts have become a rather regular feature in countries worldwide
(cf. Walby & Larsen, 2012; Worthy, 2017).
It is crucial to examine to what extent FOI laws are followed in
practical terms. In other words, for FOI acts to fulfil their role in pro-
viding access to information to the public, the compliance of public
officials is a necessary condition. In a growing number of countries,
research on the effectiveness of such laws has already been conducted
(cf. Cherry & McMenemy, 2013; Michener, 2015; Michener & Worthy,
2015). These studies mostly cover either Western democracies or de-
veloping countries. One of our aims is to contribute to this state of the
art by analyzing Slovakia - a relatively new democracy belonging to a
group of post-communist countries in Central Europe. So far, this
group's compliance with FOI has not been examined by researchers. A
profile of Slovakia provides the opportunity to carry out research of FOI
compliance in a new context uncovered by the existing literature.
Transparency and its consequences do not work free of context, but
they depend on the institutional and political factors of political sys-
tems (cf. Cucciniello, Porumbescu, & Grimmelikhuijsen, 2017). This
explains why, under some constellations, transparency reinforces the
trust of society in public institutions, while in others such effects do not
appear (cf. de Fine Licht, 2011; Welch, Hinnant, & Moon, 2005). This is
yet another reason to conduct studies in new contexts.
Researchers agree that central policies are not always followed by
local agencies (cf. Berliner, 2017; Ross & Whittaker, 2009). We thus
examine whether FOI laws assist the public in their demand for in-
formation at the local level. More precisely, we aim to answer how the
FOI act improves the chances of receiving information from munici-
palities and how this effectiveness is affected by the characteristics of
municipalities. In doing so, we divided the municipalities into three
groups. The control group received a baseline request, while two ex-
perimental groups received the same request with an additional para-
graph, either including a moral appeal or a reference to FOI act. We
found that FOI requests led to a higher responsiveness from local au-
thorities, while the moral appeal had no effect. This relation is already
known in the current literature. What is new is that the effect of the
content of the requests is moderated by the capacity of the requested
authority. While the FOI requests led to a substantially higher response
rate by public authorities in less populated municipalities, in bigger
cities, which tend to have more staff, this effect is diminished and the
form of the request became less relevant. Finally, we also found a
https://doi.org/10.1016/j.giq.2018.05.003
Received 23 January 2018; Received in revised form 27 March 2018; Accepted 7 May 2018
⁎
Corresponding author.
E-mail address: pvoda@apps.fss.muni.cz (P. Voda).
Government Information Quarterly xxx (xxxx) xxx–xxx
0740-624X/ © 2018 Elsevier Inc. All rights reserved.
Please cite this article as: Spáč, P., Government Information Quarterly (2018), https://doi.org/10.1016/j.giq.2018.05.003