Freedom of information in the U.K., U.S., and Canada: freedom of information (FOI) laws are becoming more prevalent throughout the world. But they are only as effective as the systems that support them.

• Author: Holsen, Sarah
• Position: GovernmentInsight

The following article is based on a research report written for the ARMA International Educational Foundation in 2006. The complete report may be downloaded free at www.armaedfoundation.org.

Over the past two decades, the number of freedom of information (FOI) laws has grown from nine to 68, and they are continuing to be passed by more and more countries around the world. The legislation is often touted by campaigners and other supporters as a window into government and by government administrations as proof of their commitment to transparency and accountability. How FOI works in practice, however, is often far from the ideal envisioned by either group.

Federal FOI laws can look very different, depending on where they are implemented and practiced. In three countries--Canada, the United Kingdom, and the United States--federal legislation was enacted at three distinct periods of FOI's evolution, yet the governments face common challenges and issues regarding their respective laws.

The U.S. Freedom of Information Act (FOIA), which originally passed in 1966 and has been amended four times, has given the rest of the world 40 years of experience on which to draw when writing and implementing their FOI laws. Canada, which passed its Access to Information Act (ATIA) in 1982, can take credit for a carefully structured act that has incorporated most of the key points necessary for good FOI legislation. The U.K.'s FOI Act 2000, to which 100,000 U.K. public authorities are subject, is the most recently passed law, having been fully implemented in 2005.

The Right to Access

FOI legislation works by conferring to the public the legal right to ask for and receive information held by public bodies. Enforceability is what sets FOI laws apart from general pledges of access to information made by governments. In the United States, the FOIA is enforceable in court, whereas Canada and the United Kingdom have established information commissioners to ensure compliance with their acts, backed by court action in Canada's case. However, though unused, both Canada and the United Kingdom incorporated a "government veto" into their legislation--a somewhat tentative commitment to FOI when compared to the U.S. legislation.

FOI legislation qualifies the right of access by defining a series of issues, or exemptions, for which the right is not valid. Exemptions are the key section of any FOI legislation because their breadth and depth determine how much information is actually disclosed. The practice of exempting information from disclosure to protect essential functions of government is consistent across all countries' FOI regimes. Common exemptions cover information that is related to national defense, international relations, and law enforcement, as well as information provided in confidence, personal information, and policy advice. There are few significant differences in the scope of the exemptions in the U.S., Canadian, and U.K. acts.

An obvious yet important potential exemption relates to the requester: Does the law give the right of access to anyone or only to that country's citizens? FOI laws in the United States and the United Kingdom allow anyone to make a request, while the Canadian ATIA applies only to Canadian citizens or permanent residents. A recent change in the United States via the Intelligence Authorization Act for...