A Snapshot of FOIA Administration: Examining Recent Trends to Inform Future Research

AuthorTina Nabatchi,Khaldoun AbouAssi
Published date01 January 2019
DOI10.1177/0275074018771683
Date01 January 2019
Subject MatterArticles
https://doi.org/10.1177/0275074018771683
American Review of Public Administration
2019, Vol. 49(1) 21 –35
© The Author(s) 2018
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/0275074018771683
journals.sagepub.com/home/arp
Article
Freedom of Information (FOI) or Right to Information (RTI)
laws are a pillar of democratic governance and have become
“a benchmark of democratic development” (Carson &
Darbishire, 2006, p. 21). They are argued to increase transpar-
ency, responsiveness, accountability, and trust, to help reduce
corruption and other ethical violations (Grimmelikhuijsen,
Porumbescu, Hong, & Im, 2013; Halstuk & Chamberlin,
2006; Piotrowski & Rosenbloom, 2002; Relly & Sabharwal,
2009; Roberts, 2006, 2010), to shape economic activities, and
to have positive impacts on governance (Islam, 2003, 2006).
At least 115 countries have FOI or RTI laws (http://www.free-
dominfo.org/), with Sweden’s 1766 Freedom of the Press Act
being the oldest in the world (Staples, 2006). In 1966, the
United States became the first nation outside of Europe to
enact an FOI law. The Freedom of Information Act (5
U.S.C.§552), also known as FOIA, allows for the full or par-
tial disclosure of previously unreleased information and doc-
uments controlled by the U.S. government.
In 2016, FOIA celebrated its 50th Anniversary. That year
also marked the end of the Obama Administration, which
heralded open government as a hallmark. Given the recent
attention and anniversary, one would expect to find a bur-
geoning public administration literature on FOIA. However,
most FOIA-related research focuses on broader normative or
legal issues, such as the relationship of FOIA to constitu-
tional and democratic values (Halstuk & Chamberlin, 2006;
Piotrowski & Rosenbloom, 2002; Rosenbloom, 2007), to
law and national security (Feinberg, 2000, 2004), or to gov-
ernance, transparency, and openness (Carson & Darbishire,
2006; Grimmelikhuijsen et al., 2013; Islam, 2003, 2006;
Relly & Sabharwal, 2009). With the exception of a few stud-
ies about the impact of technology on FOIA (e.g., Darch &
Underwood, 2005; Roberts, 2005), very little research
explores the management of FOIA. Instead, scholars tend to
address the evolution of the Act, paying particular attention
to the normative influences of politics and policy.
While important, this focus on politics and policy has
overshadowed another critical aspect of FOIA: the on-the-
ground administration of FOIA by public managers. Simply
stated, regardless of political winds and policy changes,
thousands of public managers throughout the federal govern-
ment are engaged in the daily activities of FOIA manage-
ment, and yet we know little about what this looks like at an
aggregate level and how it changes over time, let alone about
how individual FOIA staff exercise discretion and make
decisions on FOIA activities. Perhaps part of the problem is
that scholars do not know where to start. Constructing the
data set necessary for aggregate analyses about FOIA cases
is a tedious task: Hundreds of thousands of FOIA requests
and appeals are submitted to more than 100 federal agencies
each year. Nevertheless, scholars wishing to conduct in-
depth examinations of administrative processes and behavior
related to FOIA need this aggregate information to make
informed decisions about which aspects to examine and in
which agency or agencies. Moreover, those wishing to build
theory around FOIA administration need aggregate data to
771683ARPXXX10.1177/0275074018771683The American Review of Public AdministrationAbouAssi and Nabatchi
research-article2018
1American University, Washington, DC, USA
2Syracuse University, NY, USA
Corresponding Author:
Tina Nabatchi, Associate Professor, Department of Public Administration
and International Affairs, Maxwell School of Citizenship and Public Affairs,
Syracuse University, 400F Eggers Hall, Syracuse, NY 13224, USA.
Email: tnabatch@syr.edu
A Snapshot of FOIA Administration: Examining
Recent Trends to Inform Future Research
Khaldoun AbouAssi1 and Tina Nabatchi2
Abstract
This article provides a snapshot of the administration of the Freedom of Information Act (FOIA) in the U.S. federal
government. Specifically, using data from all federal government agencies from 2008 to 2016, the article examines indicators
of FOIA caseloads, including requests, exemptions, denials, appeals, and backlogs, and FOIA management capacity, including
staff, financial issues, and processing times. The snapshot not only highlights recent trends in the administration of FOIA
but also informs future research by identifying areas that deserve additional attention, revealing potential sampling or case
identification strategies for empirical work, and shedding light on variables that may have implications for theory building.
Keywords
FOIA, management, transparency

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT