More Power to You? A Case Against Binding Decisions as the Ultimate Access to Information Enforcement Tool

Abstract

The enforcement of Access to Information laws is crucial to their effectiveness. Information commissioners, who enforce about one quarter of federal policies, are granted powers to help them execute their tasks. Many scholars argue that a commissioner should have the right to issue legally binding orders. However, we found that a commissioner with recommendation power is not necessarily less effective. This article argues that one must consider what binding decision power really means, whether the body uses it, and how the body uses its other powers and fulfills its tasks before declaring that binding decision power is the ultimate enforcement tool.