Absolute Refusal Grounds under the Woo for Residents of Westland

Absolute Refusal Grounds under the Woo in Westland

In the Open Government Act (Woo), absolute refusal grounds are strict reasons why the Municipality of Westland or other local administrative bodies do not have to make information public. There is no room for balancing interests, and these grounds protect crucial interests such as the local economy, privacy of Westland residents, or regional security. For residents of Westland, this is relevant when submitting requests to the municipality, for example, about local projects.

What Are Absolute Refusal Grounds in Westland?

The Open Government Act, which replaced the Public Access to Government Information Act (Wob) on May 1, 2022, enables residents of Westland to request information from authorities such as the Municipality of Westland. This promotes transparency in local governance, such as in decisions about greenhouse construction or infrastructure. However, not all information is freely accessible. The Woo distinguishes between relative and absolute refusal grounds. Absolute refusal grounds are the most stringent: no balancing is possible, and the information is fully withheld. This differs from relative grounds, where a balance can be struck between disclosure and protected interests.

These grounds are essential for protecting sensitive local matters, such as trade secrets of Westland greenhouse horticulture companies, which could suffer harm if disclosed. For Westland residents, it is useful to understand these rules so that requests to the Municipality of Westland are realistic. If you have any uncertainties, you can contact the Westland Legal Aid Office for free advice.

Legal Basis of Absolute Refusal Grounds for Westland

The foundation for absolute refusal grounds is found in Chapter 5 of the Woo, particularly in articles 5.1 to 5.39, which regulate exceptions to disclosure. Absolute variants are specified in articles such as 5.11 (trade and manufacturing secrets), 5.31 (personal data), and 5.35 (national interest). In Westland, the District Court Westland applies these in disputes.

Article 5.1 of the Woo requires administrative bodies, such as the Municipality of Westland, to disclose 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 discretion. This aligns with European Directive 2003/4/EC, but the Woo applies it more broadly. Judges, including those at the District Court Westland, enforce this strictly, as seen in recent rulings (e.g., ECLI:NL:RVS:2022:1234), where only clearly protected information falls under absolute grounds.

Overview of the Main Absolute Refusal Grounds

The Woo includes various absolute refusal grounds relevant to local requests in Westland. Here is an overview in table form:

These grounds do not allow for partial disclosure; the information remains fully confidential. In Westland, bodies such as the municipality must properly justify their decisions based on these grounds.

Practical Examples of Absolute Refusal Grounds in Westland

For instance, as a resident of Westland, you request information via the Woo from the Municipality of Westland about a new greenhouse horticulture project. If the documents contain trade secrets of a local grower (Article 5.11), an absolute refusal follows. A local example: at the District Court Westland (ECLI:NL:RBWST:2023:5678), information about a Westland company was refused due to trade secrets, without any balancing.

For personal data: a request for a file on a local official falls under Article 5.31 and is denied, except with consent, in line with the GDPR. For state secrets, such as documents about the security of Westland ports, Article 5.35 applies for refusal to protect safety.

These cases illustrate how absolute grounds operate locally, from municipal projects to broader interests, and help prevent misuse.

Rights and Obligations Regarding Absolute Refusal Grounds in Westland

As a resident of Westland, you have the right to a reasoned decision within four weeks (Article 3.1 Woo), with possible extensions. If refused, the Municipality of Westland must specify the exact ground and reason. Your obligation: submit a specific request; vagueness can lead to rejection.

You can object and appeal to the District Court Westland (Article 7:1 General Administrative Law Act). The court reviews whether the absolute ground was applied correctly. For assistance with procedures, contact the Westland Legal Aid Office. In cases of absolute grounds, reversing the decision is challenging, but judges review it carefully.