Access to information is more than a bureaucratic formality. It is a measure of how accountable a government really is to its people. On the International Day for Universal Access to Information, the United States presents a mixed picture. Its legal system for public access is well established, yet its real-world performance remains uneven. The stakes are high. Transparency influences trust, policy accountability, and public participation in democracy.
The Legal Backbone, with Limits
The primary law governing public access in the U.S. is the Freedom of Information Act, or FOIA. Passed in 1966, it guarantees the public the right to request records from federal agencies. There are nine exemptions that allow information to be withheld, including national security and personal privacy. While FOIA has been strengthened over the years through amendments like the OPEN Government Act, it applies only to federal bodies. State and local governments are governed by their own, often inconsistent, open-records laws.
Oversight exists, but it is limited. The Office of Government Information Services acts as a mediator in disputes but has no enforcement powers. This creates a system where transparency relies more on negotiation than on legal consequence. As a result, some agencies delay responses or overuse exemptions with little pushback.
Performance on Paper versus Practice
Recent data shows mixed results. According to the Department of Justice, federal agencies processed more FOIA requests in 2024 than ever before, and some reduced their backlogs significantly. The “release to one, release to all” policy, where records disclosed to one requester are made public, is gaining traction. These steps show a commitment to openness in principle.
But the numbers tell another story. The Government Accountability Office reported that by the end of fiscal year 2022, the federal FOIA backlog exceeded 200,000 requests. Complex requests and outdated systems continue to slow down agencies. Even with technological upgrades, many departments still operate on manual or fragmented systems that are ill-equipped to handle the volume and variety of modern information demands.
Artificial intelligence has been introduced as a possible solution, helping agencies sort and review records more efficiently. However, this raises questions about accuracy, bias, and the potential to automatically withhold sensitive or controversial content. Without clear standards and safeguards, the use of AI could make the process less transparent rather than more.
Why This Matters Beyond the Numbers
The implications go far beyond administrative delays. When agencies take months or years to respond, or deny access altogether, it limits investigative journalism, academic research, and civic oversight. Information delays erode trust, especially when decisions affect public health, safety, or the environment.
The lack of consistent transparency at the state and local levels creates a democratic blind spot. Municipal zoning, police misconduct, education policy, and local budgeting often go unexamined because state laws are weaker or under-enforced. Without access to this information, citizens are left with a skewed understanding of how power is exercised closest to them.
This year’s theme from UNESCO, “Ensuring Access to Environmental Information in the Digital Age”, reflects growing concern over the quality and availability of scientific data. Environmental risks, climate modeling, and disaster response data are often locked behind technical barriers or institutional silos. In the U.S., these kinds of records are not always easily accessible through FOIA, and proactive disclosure remains spotty at best.
The Path Forward
The U.S. has a strong legal structure on paper, but that is not enough. Access to information must be real, timely, and meaningful. Reform is needed in several areas. Oversight bodies like OGIS should be given enforcement powers. Agencies need more funding to modernize their information systems and staff their FOIA offices properly. Congress should consider new legislation that addresses data in digital formats, expands proactive disclosure, and sets national standards for transparency beyond the federal level.
One urgent reform is to close the loopholes created by Exemption 3 statutes, which allow other laws to override FOIA. This exemption is frequently used to withhold large categories of information, often without adequate justification. Additionally, more government services are being outsourced to private contractors, who are not subject to FOIA even when performing public functions. That gap in coverage weakens transparency.
The U.S. has led in many areas of open government, but leadership requires constant maintenance. If access to information is to be more than a symbolic right, the systems behind it must be built for the realities of the digital age. On this International Day for Universal Access to Information, the message is clear: the right to know is only as strong as the system that supports it.
