Not all government information is accessible to the public. The Government Information (Public Access) Act (Woo) contains various grounds on which the government may refuse disclosure.
Absolute refusal grounds
The government is obliged to refuse disclosure in the case of absolute refusal grounds:
- Security of the Netherlands
- Business data provided confidentially
- Sensitive personal data (such as medical or religious information)
Relative refusal grounds
In the case of relative refusal grounds, the government weighs public access against other interests:
| Ground for refusal | Example situation |
|---|---|
| Financial or economic interests | Sensitive information about competition |
| Detection of criminal offences | An active police investigation |
| Supervision and inspections | Secret control methods |
| Protection of privacy | Personal data of employees |
| Internal policy opinions | Advice within the organisation |
Partial disclosure
In many cases, part of the information is released, with certain parts redacted, such as:
- Personal names and contact information
- Confidential business details
- Internal opinions and advice
Objecting to a refusal
If your request is (partly) refused, you can object:
- Within a period of 6 weeks after the decision
- Argue that the refusal ground does not apply
- Demonstrate that public access is more important
Frequently asked questions about Woo requests in Westland
Can the government claim that documents do not exist?
Yes, if the documents do not exist, the government does not have to create them. However, a serious search effort must be made for the requested data.
What falls under 'personal policy opinions'?
This concerns internal opinions and advice from civil servants. These are often protected to safeguard open discussion within the government.
Can I still gain access at a later time?
That is possible. After some time, the need for confidentiality may lapse.
Practical questions about Woo requests
When can the government reject my Woo request in Westland?
The government can reject your request on absolute grounds such as national security or privacy-sensitive data. For relative grounds, such as economic harm or ongoing matters, a balancing of interests is conducted. Objection is possible in the event of an unjustified refusal.
What to do if a Woo request is refused?
In the event of refusal, you can lodge an objection with the relevant authority, such as the Westland municipality, within six weeks. Explain why the refusal is incorrect or why public access outweighs other interests.
Can I receive part of the information?
Yes, often a portion of the documents is released, with sensitive information such as names or trade secrets omitted. You can request an explanation for the redactions.
How quickly will I receive a response to my request?
The government must respond within four weeks, with a possible extension of another four weeks for complex cases. No response? Send a reminder or contact the National Ombudsman.
What are special categories of personal data?
These are privacy-sensitive data such as health information or religious beliefs. These are often refused to protect privacy, unless there is a legal basis for disclosure.
Can I request information about ongoing matters?
Yes, but disclosure may be refused if it harms an investigation. This falls under relative refusal grounds. Objection is possible in cases of alleged misconduct.
What if documents do not exist?
The government does not have to create new documents, but must demonstrate that a serious search was conducted. If in doubt, you can request an explanation.
For legal support in Westland, you can contact the Westland Legal Advice Centre. In case of disputes, a case can be submitted to the District Court of The Hague.