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Case Studies: Impacts of RTI Act 2005 (India) and FOIA 1966 (USA)

Introduction

The Right to Information (RTI) Act, 2005, in India and the Freedom of Information Act (FOIA), 1966, in the USA have profoundly shaped transparency and accountability in governance. This page presents key case studies highlighting their impacts—successes in exposing corruption and empowering citizens, as well as challenges like backlogs and risks to requesters. These examples underscore how information laws drive democratic progress while facing implementation hurdles. Data is current as of October 2025.

RTI Act 2005: Case Studies from India

Case Study 1: The 2G Spectrum Scam (2010) – Uncovering Massive Corruption

Description: RTI activist Subhash Chandra Agarwal filed requests seeking details on the allocation of 2G spectrum licenses by the Department of Telecommunications. The responses revealed irregularities in the first-come-first-served policy, leading to investigations.

Positive Impact: Exposed a ₹1.76 lakh crore (about $22 billion) scam, resulting in the resignation of Telecom Minister A. Raja, CBI probes, and Supreme Court intervention. It boosted public awareness of RTI's power in anti-corruption efforts.

Challenges: Delays in responses and initial denials under exemptions highlighted implementation gaps.

Case Study 2: Commonwealth Games Scam (2010) – Mismanagement in Public Projects

Description: Multiple RTI queries by journalists and activists targeted the Organizing Committee, revealing inflated contracts and poor procurement practices for the Delhi Commonwealth Games.

Positive Impact: Uncovered ₹70,000 crore (about $8.5 billion) in irregularities, leading to CAG audits, arrests, and reforms in event management. It demonstrated RTI's role in fiscal accountability.

Challenges: Over 310 attacks on RTI users reported by CHRI, including threats to filers.

Case Study 3: Adarsh Housing Society Scam (2010) – Abuse of Power

Description: RTI requests exposed illegal allotments of flats in a Mumbai building meant for Kargil war widows to politicians and bureaucrats.

Positive Impact: Led to the building's demolition order, CBI investigation, and convictions. It highlighted RTI's effectiveness in local governance transparency.

Challenges: Over 100 RTI-related deaths reported by Transparency International India, underscoring risks to activists.

Case Study 4: COVID-19 Response Failures (2020-2021) – Public Health Accountability

Description: Activists filed RTIs on ventilator procurement and vaccine distribution, revealing shortages and mismanagement during the pandemic.

Positive Impact: Prompted policy corrections and emergency allocations, saving lives through exposed gaps. Annual RTI filings reached ~6 million, showing sustained usage.

Challenges: Over 4 lakh pending appeals in Information Commissions (June 2024), delaying justice.

FOIA 1966: Case Studies from the USA

Case Study 1: Watergate Scandal (1972-1974) – Catalyzing FOIA Amendments

Description: Journalists used FOIA to access White House tapes and documents, revealing Nixon's involvement in the break-in cover-up.

Positive Impact: Led to Nixon's resignation and 1974 FOIA amendments, strengthening disclosure requirements and presumptions of openness. It exemplified FOIA's role in political accountability.

Challenges: Initial agency resistance and delays prompted the need for stronger enforcement.

Case Study 2: Pentagon Papers (1971) – Freedom of Press and Government Secrets

Description: FOIA requests and leaks exposed classified documents on Vietnam War deceptions, published by The New York Times.

Positive Impact: Supreme Court ruled in favor of press freedom (NYT v. US), influencing FOIA's evolution and public anti-war sentiment. It highlighted FOIA's limits on secrecy.

Challenges: Exemptions for national security were invoked, showing tensions between transparency and security.

Case Study 3: EPIC v. DHS (2010s) – Privacy Impact Assessments

Description: Electronic Privacy Information Center (EPIC) used FOIA to obtain DHS records on surveillance programs, revealing inadequate privacy reviews.

Positive Impact: Forced DHS to suspend a data collection program and mandate Privacy Impact Assessments, enhancing privacy protections in federal activities.

Challenges: Backlogs, with some requests over 20 years old, as per Knight Open Government Survey.

Case Study 4: Associated Press on Secret Email Accounts (2013) – Government Evasion

Description: AP's FOIA requests uncovered federal agencies using unlisted emails to avoid transparency in operations.

Positive Impact: Led to congressional scrutiny and policy changes on digital records, reinforcing FOIA's adaptation to technology.

Challenges: High fees (> $1 million in some cases) and "Glomar" responses hindered access.

Comparative Insights and Conclusion

Both RTI and FOIA have transformative impacts: RTI excels in exposing local corruption (e.g., 2G scam) with quick timelines but faces violence against users (100+ deaths). FOIA drives systemic reforms (e.g., Watergate) via judicial enforcement but struggles with backlogs (20-year delays). Together, they empower citizens but require stronger protections and resources. As of 2025, with RTI's 20th anniversary approaching, reforms like reducing pendency (4 lakh appeals) and FOIA's digital enhancements could amplify their global influence.

Published on October 07, 2025. Sources: Vikaspedia, Wikipedia, Drishti IAS, EPIC, Knight Open Government Survey.