How well is Brazil’s access to information (ATI) law working five years after passage? And what can be done to improve it? Drawing on official data as well as nine evaluations of compliance with ATI obligations, interviews with policymakers, and archival research, this paper provides descriptive and inferential statistics on compliance with ATI requests and indicators of implementation. Results show that less than one in every two requests in Brazil obtains a response from agencies, and more than 50% of requests exceed the time limits established in the law. Evidence of weak commitments to ATI are also illustrated by the paucity of several key indicators of compliance, including statistics on requests, declared commitments to ATI, ATI-specific platforms for making requests, and designated oversight institutions. Brazil urgently needs to invest in greater information management, empowering oversight institutions to implement and adjudicate ATI obligations.

Innovating upon previous field experiments and theories of identity‐based discrimination, we test whether public officials are using searches (“identity‐questing”) to profile citizens and acting on latent biases. Pairs of “institutional” and “noninstitutional” requesters send lower and moderate burden freedom of information (FOI) requests—providing no identity cues apart from undistinctive names, e‐mails, and ID numbers—to nearly 700 of Brazil's largest municipalities. Results show institutional requesters receive one‐fifth more responses than noninstitutional comparators. For moderate versus lower burden requests, noninstitutional requesters are 11% less likely to receive a compliant response than their institutional comparators. The only plausible explanation for these results is identity‐questing, a phenomenon that has far‐reaching policy implications. Most of the world's FOI laws, for example, contain vague ID obligations, which translate incoherently from laws to regulation and practice. Results enjoin public service providers to protect the identities of citizens by default or upon request.

No abstract