In what way can agency discretion affect transparency in FOI?

• A. It guarantees full transparency on all agency actions
• B. It can limit information disclosure based on subjective judgment
• C. It promotes uniformity in information sharing
• D. It has no effect on transparency

Answer: (B)

Agency discretion plays a significant role in the transparency of Freedom of Information (FOI) requests. When discretion is exercised, it often involves subjective judgment by agency officials about what information should be disclosed or withheld. This means that the decision to release certain information may depend on individual interpretations of relevance, sensitivity, and the potential implications for the agency or individuals involved.

This subjective judgment can lead to variability in information disclosures, where similar requests might yield different outcomes based on the officials' perspectives. As a result, while FOI laws are intended to promote openness, agency discretion can introduce an element of inconsistency, making some information less accessible to the public. Such limitations contribute to a broader concern about the effectiveness of FOI in achieving transparency since personal judgment can interfere with the principles of openness and accountability that these laws aim to uphold.

In contrast, the other options present a misunderstanding of the role of discretion in FOI processes. Full transparency is not guaranteed under FOI, nor does discretion promote uniformity; instead, it can lead to discrepancies in how information is shared. Additionally, agency discretion certainly has an effect on transparency, so the notion that it has no effect is inaccurate.