ABSTRACT

When the United States adopted its Freedom of Information Act in 1966, it was the third country in the world to put in place such a groundbreaking democratic mechanism for ensuring public access to the information held by government. As such, it was, by definition, a global leader in this area. Fifty years later, however, according to the internationally recognized tool for assessing legal frameworks for what has come to be known as the right to information, or RTI, the RTI Rating, the United States FOIA languishes in the fifty-first position globally. This article describes the way the RTI Rating works and analyses the strengths and weaknesses of the FOIA according to the rating. In some cases, these weaknesses appear to be derived, at least in part, from the age of the FOIA, and a correlation can be found between the performance of the United States law and other older laws. In other cases, further study is needed to identify the causes of the weaknesses.