From de jure to de facto transparency: Analyzing the compliance gap in light of freedom of information laws

Abstract

Freedom of information (FOI) laws empower citizens to access public information from public organizations, enhancing government transparency and accountability. Previous studies have evaluated government transparency and FOI compliance based on the proactive release of information and governments' responses to citizens' requests. This study extends prior research by focusing on regulatory compliance mechanisms in German public organizations. Specifically, it investigates how these organizations respond to information requests under varying legislative frameworks across Germany's 16 states (Länder). Based on six legal elements (de jure provisions), we examine FOI law stringency and investigate their association with government responsiveness to approximate de facto regulatory compliance. Based on an analysis of over 100,000 requests directed at more than 7000 German public sector organizations, we find that not all six legal elements are directly associated with responsiveness. Only those elements that signify a broader organizational commitment to transparency are linked to higher responsiveness. This study contributes to public sector transparency literature by highlighting the complex interplay between variations in FOI laws and actual compliance, and underscores the need for further research on the assumed causal relationship between FOI law stringency and transparency outcomes.