A closer analysis, however, indicates that on a number of the more important issues there were significant innovations following the U.S. FOIA. For example, in terms of the key issue of the scope of public authorities covered, only the United States and Canada exclude both the courts and the legislature, whereas fully six of the focus countries cover both. Another key issue is exceptions, which define the scope of the law in terms of the information covered. There, three of the four issues were diverging and one inconclusive, suggesting a strong move away from positions taken in the U.S. FOIA. The presence or absence of an administrative oversight body is another key feature of a strong RTI law, and here, again, the four issues divided into three diverging and one inconclusive. Having a constitutional guarantee and providing for sanctions for obstruction of access—both again arguably critical issues—were also diverging. These issues reflect fully nine of the ten examples of divergence, with only the last one, transfer of requests, being less significant.

David E Pozen; Michael Schudson, Troubling Transparency- The…, loc. 1322