Ariana Et Al. - 2021 - Development As Freedom
Ariana Et Al. - 2021 - Development As Freedom
Bannister, Frank and Connolly, Regina (2011) "The Trouble with Transparency: A Critical Review of
Openness in e-Government," Policy & Internet: Vol. 3: Iss. 1, Article 8.
http://www.psocommons.org/policyandinternet/vol3/iss1/art8
DOI: 10.2202/1944-2866.1076
©2011 Policy Studies Organization
The Trouble with Transparency: A Critical
Review of Openness in e-Government
Frank Bannister, Trinity College Dublin, Ireland
Regina Connolly, Dublin City University
Abstract
Transparency in public administration is generally held to be desirable, something to be
fostered and enabled. This long standing idea has gained considerable further momentum with the
emergence of e-government and the affordances of computing in general and the Internet in
particular. This paper examines the argument that transparency may, in certain and not uncommon
circumstances, be inimical to good government and good governance and suggests that the
importance of understanding why this is so has increased as information and communications
technology permeates government and society. It suggests that in an electronic age, the scope and
nature of transparency needs to be carefully managed, and that expectations of the benefits of ICT
enabled transparency may be too high.
Introduction
1
There are many people to whom similar quotations are ascribed, including Otto von Bismarck.
This is believed to be the original from The Daily Cleveland Herald, March 29, 1869.
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Building on existing critiques of transparency, this paper will suggest that not
only is the above true of traditional forms of transparency, it is even more true of
e-transparency.
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Bannister and Connolly: A Critical Review of Openness in e-Government
are answerable to those who pay them or elect them to office. This right has been
embedded in Freedom of Information acts in many countries (Birkinshaw 1997;
Banisar 2004; Mendel 2008) and is implicit in the concept of accountability.
Accountability without transparency is of little value—people cannot be held
accountable if we do not know what they are doing. Florini has argued the case
for the right to know both in general and in a number of contexts (Florini 1998;
2004; 2007). Stiglitz (2003, 116) puts the case neatly when he says that in a
democratic state “… there should be a strong presumption in favour of
transparency.”
Secondly there is good governance. A discussion of this concept is beyond
the scope of this article, but broadly speaking, good governance is about delivery
of public sector services in a way that reflects as closely as possible accepted
public administration values such as efficiency, fairness, integrity, honesty, and so
on (Rhodes 1997; Bovaird and Loeffler 2002; Loeffler 2003; UNESCO 2010).
Some scholars consider transparency to be integral to good governance (Kim et al.
2005; Nanz and Steffeck 2004). However, it has already been suggested that
transparency is incompatible with some aspects of what might be considered good
governance, i.e., keeping citizens safe from certain forms of harm. More subtly, it
is possible that transparency is not compatible with other forms of good
governance (Copits and Craig 1998).
Third are the costs and risks of delivery. One traditional argument against
transparency is its cost (Breton et al. 2007; Stasavage 2006). While ICT has
changed the economics of transparency, even electronically enabled transparency
has both financial and other costs which can be significant. There are also risks,
for example to privacy or of exposure to legal action, as well as new threats, such
as hacking, which may arise from making government ICT systems more
accessible (Zhou and Hu 2008). Polities have to weigh these risks against the
benefits of transparency.
Finally, there are the rights of public servants to personal privacy and
freedom in the workplace and the ability of public administration to operate
effectively. In certain sectors, privacy in the workplace has become a major
source of contention (there is a large literature on this; see Privacy Rights
Clearinghouse (2010) for a concise summary of some of the problems in this
area). Questions about such rights include the extent to which citizens should be
allowed to look over the shoulder of public servants as they work or read their
email logs, and the risk of stifling debate if it has to be held in public view. This is
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Public’s Right
to Know/Good
Governance
Rights of
Costs and Risk Transparency
public servants
Effective public
administration
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Questions of Definition
“There is sufficient force in these limits to urge caution about claims made for
transparency. Specifically, transparency should not be elevated to an intrinsic
value.”
This is important, as it makes for a different and less clear-cut debate than a
discussion of, say, honesty or integrity. One might agree that in certain
circumstances being dishonest is the lesser of two evils, but one would (hopefully)
not doubt that dishonesty is wrong. In contrast, there are circumstances when lack
of transparency may be necessary or even correct, and where opacity is not only
publicly accepted, but publicly desired.
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Whether ICT changes the nature, definition, or rules of transparency, and, if so,
how, is a matter of growing importance as government agencies become ever
more ICT enabled or delivered. The literature on e-transparency in public
administration tends to concentrate on specific questions or be located in specific
contexts, rather than address broad principles. Many academic writers on this
subject, such as Frick (2008), Heeks (2005), and Michael and Bates (2005),
discuss e-transparency only in particular circumstances. A couple of recent
contributions follow this pattern. Bertot, Jaeger, and Grimes (2010) examine the
use of ICT-enabled transparency as a way of changing the culture of corruption,
while Pina, Torres, and Royo (2010) look at the effect of e-government and e-
transparency, and local government accountability. However, some scholars have
addressed e-transparency in more general terms. Margetts (2006) outlines three
ways in which ICT increases transparency, namely its ability to handle large
volumes of data, the way in which ICT tends to lead to greater formalization of
rules (thereby making them easier to explain), and ease of access. At the same
time, she notes a number of barriers to greater transparency, including limited
knowledge of the technology and absence of good tools, although she points out
that both of these barriers are rapidly decreasing in significance. She also notes,
citing the case of Singapore, that an advanced use of ICT in government does not
automatically lead to more transparency. In another broad, conceptual article,
Meijer (2009) discusses computer-mediated transparency from pre-modern,
modern, and post-modern perspectives.
Margetts identifies three key pre- and post-ICT differences in
transparency: data volumes, formalization, and ease of access. It is proposed here
that there are several other important differences between the two types of
transparency that are worth noting.
The first of these is cost of delivery. While e-transparency is not
necessarily cheap, it is considerably less expensive than traditional forms of
transparency. Many governments have restricted the scope of Freedom of
Information (FoI) acts access because of the high costs involved (Wichmann
1998; Roberts 2000), although others have argued that there is a net economic
benefit from FoI (O’Connor 2010). On the other hand, e-transparency is much
less expensive than processing paper documentation. This is particularly true of
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areas where transparency has long been the norm, such as government
publications.
A second (and arguably the most important) difference is capability. ICT
enables forms of transparency that, though theoretically possible, were impractical
in a pre-computer age. An important example is the ability to search email
systems or databases for keywords. At a more refined level, as more and more
government moves to electronic communication, it is also the ability to observe
how processes work and, in certain circumstances, to track processes (as in the
Korean OPEN system; Moon 2003). One form of capability worth noting is video
streaming: the Internet enables people not just to follow debates in parliament, but
to observe in real time parliamentary committees at work (Setälä and Grönlund
2006). Government now uses technologies from SMS to social networking as
means of communication.
Another important difference is response time. The Internet enables the
provision of certain types of information in close to real time if that is what is
required. Even without going to that extreme, information can be made available
far more quickly, even if only because it takes less time to load a pdf file on a
website than it does to publish the print edition of a 500-page report. Government
agencies are not only able to keep information up to date, there will be greater
public pressure to do so as the visibility of out-of date information is much higher.
Margetts lists access as a key difference, but increasingly technology
enables governments to empower users to do their own searching. Access to
paper-based public records is necessarily limited, usually to researchers or
historians. Requests for information have therefore to be processed by staff. In
addition to hyperlinking, many public sector websites now provide powerful
search engines or analytic tools. Examples of this are systems that enable citizens
to see where their tax monies are spent (see, for example, the Missouri
Accountability Portal at http://mapyourtaxes.mo.gov/MAP/Portal/Default.aspx).
Each of these, in its own way, changes the dynamic of the relationship
between the public servant/agency and the citizen in ways that are different from
traditional forms of transparency. In particular, the ability of citizens to “mine”
government data creates potential challenges for (and threats to) governments.
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A Model of e-Transparency
• Data transparency. This type of transparency is concerned with the facts and
figures of government. Although expressed as “what?,” it may include
“who?,” “when?,” and “where?” as appropriate.
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that information is accurate. Such data range from information routinely collected
by central statistics bureaux (such as the census, household budget surveys, or
monthly inventory level returns) to data gathered as a collateral product of the
business of government (such as the amount of money collected in VAT last
month or the number of people claiming unemployment benefit). At a further
level of depth are data generated internally within the system (such as the number
of staff promoted this year or the salary of the head of a government department).
Some of these types of data, for example, civil service salary scales, are already in
the public domain; but again, a great deal of information is not readily accessible
to the public, although it may be accessible through freedom of information
procedures (see below).
Cost of Provision
It is often assumed that the cost of provision of e-transparency is less than that of
other forms. Cost of provision can be divided into two components, which can be
thought of as front-end cost and running cost. Where systems are designed to
generate information (and many government agencies publish quite large volumes
of data on a regular basis), this is not an issue. Technology can reduce the costs of
such publication dramatically. The problem arises when such data are not
routinely published and/or where the request for data is one-off. Two common
forms of one-off request are the traditional parliamentary question and freedom of
information requests. Both can be expensive to answer and can often raise
questions about sensible use of taxpayer’s funds. Costs can also be driven up by
the need to pre-process or clean data before they are made available to the citizen.
Data may have to be edited to remove private information about third parties or to
protect commercially sensitive material. A good insight into the costs and
complications of making electronic records available is given by Lee and Lee
(2009) in their description and critique of the Korean government’s various
electronic record management projects, collectively known as the E-jiwon or the
electronic digital garden, a project strongly promoted and supported by the Prime
Minister. Despite the substantial resources made available and the high level of
political support, there have been several problems with the E-jiwon, in particular
with the maintenance of the large amount of metadata necessary in such a system.
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Misinterpretation
While some data are straightforward, other data may be misunderstood or misused
either deliberately or inadvertently, in the latter case because they may be taken
out of context (Huff 1991). A release of data may have socially undesirable
outcomes. A controversial example is school league tables. Governments have
come under increasing pressure (particularly from the newspaper industry) to
make these data available. Like almost all such rankings, these tables are
problematic. They rarely reflect context, and need to be read with care and in the
light of broader information such as local demographic and economic conditions.
Unfortunately, this is not the way they are likely to be presented in the media or
interpreted by many parents. With more technical information, the risks of
misunderstanding increase. For example, there is a large literature on public
misinterpretation of health data. Pressure groups are adept at seizing on selective
information and using availability bias (Kahneman, Slovic, and Tversky 1982) to
further their own agendas. e-Transparency increases the ability of groups to
manipulate such data, and thus increases the risk of misinterpretation or misuse.
Inadvertent Release
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Societal Risk
Finally, some data may be dangerous in the wrong hands. A simple, and real,
example of risky transparency is publishing online information about the
whereabouts of sex offenders. This is a legal requirement in several U.S. states
under the so-called “Megan’s Law” (Klingfuss 2006) and in the UK (where it is
called “Sarah’s Law”; Dugan 2001). Such data enable vigilantes or mobs to take
the law into their own hands. Naming and shaming may be popular, particularly
with the media, but carries risk to individuals.
All of these problems may not (to put this in its weakest form) contribute
positively to best practice or best government. The wrong type of data
transparency can waste government time in its preparation, waste taxpayer
money, and lead to forms of behavior that are not in the best interests of good
government, good governance, the safety of individual citizens, or a healthy
society.
Categories of Process
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Individual Corporate
yt yt
ix ix
el el
p p
m m
o o
C C
Frequency Frequency
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Cost of Provision
Cost of provision can be an even more significant issue than it is for data, as the
question of how the process is to be made transparent may not be obvious or
trivial (see below). In many processes, there is a considerable amount of manual
and verbal activity that is not carried out by (or on) machine and that may not be
recorded directly. To make such information e-transparent, steps must be taken to
put it online. Minutes may need to be redacted and uploaded, documents may
need to be scanned, diagrams transferred from whiteboards to an electronic form,
handwritten notes keyed up, and so on. Formalization and automation or semi-
automation of some processes may reduce costs, but making other processes
transparent may be time consuming and expensive. There is then the additional
cost of maintaining this information.
Mode of Provision
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Comprehension
A typical citizen may not understand public sector processes for a variety of
reasons. She may, for example, not be familiar with the legal framework within
which the state has to operate, or within which a process takes place. She may not
be familiar in sufficient depth with the subject matter, or have sufficient expertise
to understand why certain steps are necessary or why they have to be done in a
certain way and/or sequence. Consequently, explaining certain processes can be
difficult to do effectively via electronic media, in particular if understanding
requires pre-knowledge on the part of the recipient. In discussing knowledge
dissemination, Snowden (2002) talks about the upper and lower bounds of
acceptable abstraction and the problems of communicating beyond these
boundaries. These difficulties apply to quite a wide range of government
procedures To what extent therefore are governments required to provide
explanations of what is going on, as well as education in how to understand this?
How low a level of detail should an explanation provide? What level of pre-
knowledge or expertise on the part of the public is it right to assume, and who
should provide this material? Full transparency may require extensive
explanations and background material being made available—an expensive and
complicated process which technology may assist, but which it does not alter in a
material way.
Public servants have certain rights to personal privacy in the workplace. Privacy
can be defined as the right to control access to information about oneself (Westin
2003). What constitutes “information about oneself” in a workplace is not always
self-evident. In a factory, workers are used to being observed by foremen,
supervisors, or CCTV. Modern call centers monitor everything about worker
behavior, from keystrokes to visits to the bathroom. At the most basic level, there
is the question of human dignity in treating people like machines, but in seeking
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to track cases through the system, the question arises of how far the actions,
emails, telephone calls, and conversations of individual staff can and should be
monitored. ICT provides a number of tools to monitor what people do, from
mouse clicks to telephone voice recording, but there is a need to define just how
far the public should be able to snoop into the work life of public servants.
Defensive Thinking
In any system where there is a “blame culture,” transparency can discourage self-
criticism (and internal criticism generally), including honesty and openness. e-
Transparency widens the scope of this effect. An important part of the health of
any organization is the ability to be self-critical and to face up to problems. When
everything written down is liable to end up on the front page of the tabloid press,
there is a natural tendency not to commit to print, and even an ostrich-like
tendency not to acknowledge problems. This can extend to the destruction or
censoring of documents that even mention internal difficulties. As a result,
problems remain unresolved, improvements do not happen, and the organization
adopts a “see no evil, hear no evil, speak no evil” mindset. In extreme cases, this
can result in an organization becoming seriously dysfunctional.
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Acquiescence in Opacity
Decision transparency implicitly requires the state not just to give reasons, but to
explain the rationale for its behavior. At the most trivial level, if a citizen has their
application for a firearms licence turned down, it may be sufficient to tell them
that, under current law, their previous conviction for armed robbery debars them
from having such a licence. While such forms of transparency are important, the
more critical form of transparency is in democratic dialogue between citizen and
government under which government answers questions openly and frankly. A
major problem here is obfuscation, i.e., where governments deliberately make
policy or decision making so complicated that it is hard for the lay person or
ordinary citizen to understand what is going on. Salmon and Wolfelsperger (2007)
argue that, in some cases, citizens conspire with opacity in the sense of preferring
not to know. A classic example of obfuscation and opacity is the European
Common Agricultural Policy between 1950 and 1992 whereby governments
conspired (effectively as it turned out) to conceal the long-term objectives of
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policy from the voters. e-Transparency is unlikely to change this much, but
inasmuch as one tactic in obfuscation is to make information hard to get, it may
undermine the ability of the public to acquiesce in the deliberate avoidance of
public debate on certain issues.
Political Correctness
Where a public servant knows that everything that they commit to print or type
into their computer is subject to public scrutiny, one inevitable consequence is
self-censorship (although there are many lapses: an amusing recent example being
about the Pope’s proposed visit to the UK; see Mackinnon 2010). In such a
system the question arises of whether there can be privileged relationships or not.
By a privileged relationship is meant one where communications between two or
more people are confidential or private. One might expect such a relationship to
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exist at least in certain circumstances between ministers and senior civil servants,
for example. The concept of cabinet confidentiality is well established in principle
(if not always followed in practice). If all dialogue between a minister and his
senior civil servants is open to public scrutiny, debate is likely to be muted.
Conformal Thinking
Informal Procedures
Following on from all of the above is the risk of creating a network of informal
procedures. This is the process equivalent of the culture of non-recording of data.
Under such circumstances, a process may be undertaken using informal, non-
recorded meetings, and verbal exchanges. In extreme cases, the record may be
“made up” to create a permanently inaccurate record. An important difference
here arises not primarily from the Internet, but from internal communications
systems, such as email and instant messaging. Furthermore, in a paper-based
system, early drafts generally do not survive, whereas everything remains on
computers and is potentially subject to FoI requests. When a decision is made, the
reasons for this are then retrofitted and documented.
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a derivative of the trustor’s perception that the trustee behaves in a manner that
indicates consistent and positive values. In a similar manner, it would seem that
citizens’ perceptions of government consistency and integrity are likely to be
influenced by access to relevant performance information and the willingness of
government to provide that information. Such transparency will in turn influence
the generation of citizen confidence in government and engender a strong trust
response on their part. How valid is this perception?
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There has been some recent empirical research that attempts to shed light on this
argument. Unfortunately, the results from studies point in somewhat different
directions. A recent attempt by Cook, Jacobs, and Kim (2010) to examine the
impact of factual information about the performance of specific government
institutions and programs on the public’s knowledge of, and trust in, government
found that the transparent provision of objective information can enhance
citizens’ confidence and trust in government, thereby appearing to confirm Bok’s
view that it is citizens’ lack of knowledge that contributes to lower levels of trust
in government. If true, this would imply that transparency is indeed a necessary
precursor for the development of greater citizen trust in government.
In contrast, recent work by Grimmelikhuijsen (2009; 2010) suggests a
more complicated picture. Grimmelikhuijsen used an experiment to examine the
extent to which web-enabled e-transparency influences trust of a government
agency as conceptualized through the dimensions of competence, benevolence,
and honesty. His results show that the relationship between e-transparency and
these three trust dimensions was not unequivocal, and that while perceptions of
benevolence and honesty are positively affected by the level of transparency,
perceptions of competence may actually be lowered. Critically, the findings show
that while e-transparency increases the level of knowledge about the government
agency (which is to be expected), it does not automatically translate into a higher
level of trust in a government agency. The value of this study lies in the fact that it
provides for the first time empirical evidence that e-transparency may exert a
heterogeneous or ambiguous effect on trust dimensions and, in contrast to the
view of Bouckaert and Van de Walle (2003), that a high degree of e-transparency
does increase certain aspects of citizen trust in government agencies.
Grimmelikhuijsen refers to the negative aspects of his findings as the dark side of
transparency—something that results from a demystification of both government
process and performance. This is particularly interesting, as other researchers such
as Mondak et al. (2007) have contended that increased knowledge would result in
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citizens having more specific judgment criteria. The results of this study suggest
that if this is true, it may not be to the government’s benefit.
Reflections
This article suggests that there are a number of phenomena which are likely to
limit not only the usefulness of technology-enabled transparency, but which may
make such transparency inimical to good governance in certain circumstances and
which may limit it as a tool for increasing citizen trust in government. These
factors need to be taken into account when formulating policy for e-transparency.
First there is the question of cost. Notwithstanding the interesting
argument of O’Connor (2010), there is evidence that, contrary to popular
expectation, e-transparency may cost more money than it saves as the volume of
available information increases. In much of the hyperbole about open and
transparent e-government, the cost of maintaining up-to-date, accurate, and
comprehensive information online may be seriously underestimated. As was
found in Ireland after the first flush of enthusiasm with FoI, trade-offs between
cost and access will have to be made. Where data and information provision can
be automated, this will not be an issue; but elsewhere it will be.
Secondly, there are systemic risks arising from blame and hassle
avoidance strategies. These are not new and include non-recording, increased
reliance on verbal as opposed to written modes of working, unwillingness to
document problems for fear of later criticism or blame, and retrospectively
creating documents for the record, which take on new dimensions in the electronic
age where email and even telephone conversations become part of the permanent
record. Transparency may lead to defensive thinking and excessive caution—a
return to the avoid-personal-risks-at-all-costs culture that new public management
sought to eliminate. Closely related to this is the problem of conformity. This may
manifest itself in a number of ways: in political correctness, a lack of willingness
to dissent, a diminution of dissent, and self-censorship, all of which will reduce
the quality of thinking and of debate. Societies need civil servants who can speak
truth to power, who are willing to explore out-of-fashion policies or positions, and
who can provide a counterbalance to the power of politicians, and particularly of
the political elites.
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Policy & Internet, Vol. 3 [2011], Iss. 1, Art. 8
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DOI: 10.2202/1944-2866.1076