Less Government, More Secrecy: Reinvention and the Weakening of Freedom of Information Law

Many critics have suggested that worldwide efforts to reinvent government could also weaken democratic control over public institutions, but few have considered how attempts to implement the "new paradigm" in public management might affect a widely used instrument for promoting accountability: freedom of information law (FOI). FOI laws give citizens and nongovernmental organizations the right of access to government information. However, recent Canadian experience shows that reinvention can weaken FOI laws in three ways. First, attempts to reduce "nonessential" spending may cause delays in handling FOI requests and weaken mechanisms for ensuring compliance. Second, governmental functions may be transferred to private contractors and not-for-profit organizations that are not required to comply with FOI laws. Third, governments' attempts to sell information and increase FOI fees may create new economic barriers to openness. Thus, restructuring provides an opportunity for political executives, public servants, and some well-organized business interests to weaken oversight mechanisms and increase their own autonomy within the policy process.