A recent study published in the Journal of Public Administration Research and Theory examined the role of regulatory bodies’ enforcement powers in building public trust. The research, conducted across several European countries, found that people showed slightly more trust in agencies regulating sectors like farming, banking, and health data when those agencies had the ability to impose large fines on violators.

The study found that this effect was particularly noticeable among individuals who had little trust in these agencies to begin with. However, the authors note that the findings were weak and inconsistent across countries, suggesting that further research is needed to better understand the relationship between enforcement powers and public trust. 

The findings might be applied to the public records sphere by giving independent information commissions strong enforcement powers. Such commissions, such as those in Ohio, Connecticut, and Pennsylvania, and in dozens of nations, could engender greater public trust because of their enforcement powers, as compared to public records ombudsman offices that have little power. This was also advocated for by the 2020-2022 term of the FOIA Advisory Committee, recommending that the Office of Government Information Services or another entity be given strong enforcement powers (Supporting white paper written by Brechner FOI Project Director David Cuillier). 

The concept of heavy-handed punishment for recalcitrant agencies also was discussed in the April 8 Senate Judiciary Committee hearing, where some senators supported penalties for government officials who violate FOIA.  

Posted: April 17, 2025
Category: Brechner News
Tagged as: Brechner Freedom of Information Project, FOI, Government Transparency, open records laws