This Anti-Corruption Helpdesk brief was produced in response to a query from one of Transparency International’s national chapters. The Anti-Corruption Helpdesk is operated by Transparency International and funded by the European Union.
Query
What are the best practices for enforcing decisions made by an Information Commission(er) under right to information laws? What are some potential challenges that are faced during the enforcement of right to information decisions and the best ways to navigate them?
Summary
Right to Information (RTI) laws play a crucial role in facilitating public access to information, which can strengthen the transparency and accountability of state institutions and support anti-corruption efforts. However, disparities in the degree of enforcement of RTI legislation hinder its ability to ensure citizen access and governmental accountability. This Helpdesk Answer explores the enforcement of RTI laws, highlighting the challenges faced and emerging best practices to address them across three primary models: judicial enforcement, non-judicial enforcement by Information Commission(er)s, and through softer means of ensuring compliance with RTI rulings such as non-binding decisions by Ombudsperson offices.
Main points
- RTI laws enable public access to information that can bolster transparency, accountability, and anti-corruption efforts. However, disparities in enforcement effectiveness undermine their potential to uphold citizen access and governmental accountability.
- RTI enforcement is necessary to ensure that information-holding entities comply with court rulings or binding decisions by Information Commission(er)s and disclose the required information.
- Even though Ombudspersons and Information Commission(er)s without binding decision powers lack formal enforcement power, their recommendations can still compel public bodies to comply with RTI laws.
- The mandates and powers of Courts, Information Commission(er)s and Ombudspersons can vary in terms of their ability to make binding decisions, their investigative powers, and the sanctions they can impose.
- The independence of Courts, Information Commission(er)s, and Ombudspersons is crucial in determining their effectiveness in enforcing compliance with RTI laws.
- In order to enforce RTI laws, Information Commission(er)s and Ombudspersons can employ either cooperative or confrontational tactics.
Authors
María Constanza Castro Orduña, [email protected]
Reviewed by
Adam Foldes and Matthew Jenkins (TI)
Date
22/07/2024
