Are governments complying with transparency? Findings from 15 years of evaluation

Abstract

How well do governments comply with their own transparency statutes? Alarmingly, answers to this question are in short supply because of patchy comparative data. This study begins to address this gap by analyzing an exhaustive compilation of 265 transparency compliance evaluations (i.e. audits) authored by NGOs, academics, and government oversight authorities across Latin America between 2003 and 2018. Aggregating data on patterns of evaluation and public sector compliance with transparency statutes, we find modest increases in compliance over time, strikingly low compliance with passive transparency compliance (i.e. governmental responses to citizen requests) at the local versus national levels of government, and significantly higher compliance scores when government oversight agencies act as evaluators. Our data also reveal worrying gaps in evaluation efforts. Evaluators tend to focus far more on active transparency (i.e. website-based disclosure) than passive transparency, more on national level governments than subnational governments, and preponderantly on the executive as opposed to legislative or judicial branches of government. Textual analyses show that education is the most evaluated policy theme, with financial policies and social services close behind. In presenting the first large-scale cross-national assessment of transparency compliance, the current study brings to light trends in the effectiveness of transparency regimes and patterns of transparency evaluation across Latin America.