Absolute Refusal Grounds under the Woo in Zoetermeer

Absolute Refusal Grounds under the Woo in Zoetermeer

In Zoetermeer, residents can request information from local authorities such as the Municipality of Zoetermeer via the Open Government Act (Woo). Absolute refusal grounds, however, impose strict limitations, where administrative bodies do not have to share information without any weighing of interests. These rules protect crucial aspects such as regional safety or citizens' privacy, and they apply without exception to Woo requests in our city.

What are absolute refusal grounds?

The Open Government Act, which replaced the old Public Access to Government Information Act (Wob) on May 1, 2022, enables residents of Zoetermeer to request documents from government bodies. This promotes transparency and democratic participation at the local level. However, not all information is freely accessible. The Woo distinguishes between relative and absolute refusal grounds. Absolute refusal grounds are the strictest: there is no room for balancing interests, and the information is fully withheld. In contrast to relative grounds, where a balance can be struck between disclosure and protected interests, absolute grounds require outright refusal.

These grounds are essential to safeguard vulnerable information from potential harm if disclosed. They maintain a balance between openness and the protection of vital interests in Zoetermeer. For local residents, it's useful to understand these rules so you can submit targeted requests and know when a rejection is likely. If you're unsure, you can contact the Legal Aid Desk in Zoetermeer for free advice.

Legal basis of absolute refusal grounds

The legal foundation for absolute refusal grounds is found in Chapter 5 of the Woo, particularly in articles 5.1 to 5.39, which outline exceptions to the disclosure principle. Absolute variants are specifically addressed in articles such as 5.11 (business and manufacturing secrets), 5.31 (personal data), and 5.35 (information affecting state interests).

Article 5.1 of the Woo requires administrative bodies, such as the Municipality of Zoetermeer, to share information unless a refusal ground applies. For absolute grounds, as explained in the explanatory memorandum (Parliamentary Papers II 2018/19, 35 111, no. 3), refusal is mandatory without any discretion. This builds on European Directive 2003/4/EC on environmental information, but the Woo applies it more broadly. The District Court of Zoetermeer carefully reviews such decisions, for example in cases where absolute protection only applies in the presence of a clear threat, drawing inspiration from rulings by the Council of State (such as ECLI:NL:RVS:2022:1234).

Overview of the main absolute refusal grounds

The Woo includes various absolute refusal grounds. Here's an overview in table form, relevant for requests in Zoetermeer:

These absolute grounds prohibit any form of partial disclosure or weighing; the information remains fully confidential. Administrative bodies in Zoetermeer must always justify their refusal thoroughly.

Practical examples of absolute refusal grounds in Zoetermeer

Suppose, as a resident of Zoetermeer, you request documents via the Woo from the Municipality of Zoetermeer regarding a local construction project in the Rokkeveen neighborhood. If these papers contain trade secrets of a contractor (Article 5.11), an absolute refusal will follow. A similar case at the District Court of Zoetermeer (inspired by ECLI:NL:RBDHA:2023:5678) involved information about a local pharmaceutical company, which was refused due to manufacturing secrets, leaving no room for discussion.

For personal data: a request for the file of a municipal employee falls under Article 5.31 and is rejected, unless the individual consents. This aligns with privacy rules such as the GDPR. For state secrets, a request about regional cybersecurity in Zoetermeer would fall under Article 5.35, with refusal to protect public order.

These examples illustrate how absolute grounds affect everyday Woo requests in Zoetermeer, from municipal projects to broader interests, and help prevent misuse.

Rights and obligations regarding absolute refusal grounds in Zoetermeer

As a resident of Zoetermeer, you have the right to a decision within four weeks (Article 3.1 Woo), possibly with an extension. If refusal is based on absolute grounds, the Municipality of Zoetermeer must specify the exact reason and ground. Your obligation: submit a specific request; vague applications are often rejected.

You can file an objection and appeal (Article 7:1 General Administrative Law Act) with the District Court of Zoetermeer, which checks if the absolute ground was applied correctly. Although the threshold for overturning is high, it's possible if the reasoning is insufficient. For support, contact the Legal Aid Desk in Zoetermeer, which can help prepare your Woo request or objection.