Absolute Grounds for Refusal under the Woo in Amsterdam

Absolute Grounds for Refusal under the Woo in Amsterdam

In the Open Government Act (Woo), absolute grounds for refusal are strict criteria that allow an administrative body, such as the Municipality of Amsterdam, to refuse information without any balancing of interests. These rules protect critical aspects like national security or the privacy of Amsterdam residents, and they apply fully to Woo requests directed at local authorities.

What are absolute grounds for refusal in the Amsterdam context?

The Open Government Act, which replaced the old Public Access to Government Information Act (Wob) on 1 May 2022, enables citizens to request information from government bodies such as the Municipality of Amsterdam. This promotes transparency and oversight of local governance in the capital. However, not all information is freely accessible. The Woo distinguishes between relative and absolute grounds for refusal. The absolute grounds for refusal are the strictest: there is no room for weighing interests, and the information is fully withheld if it falls under these grounds. This differs from relative grounds, where a balance between disclosure and protected interests is possible.

This absolute protection focuses on sensitive data that could pose serious risks if disclosed, especially in a vibrant city like Amsterdam with many commercial and personal interests. For residents, it is crucial to understand these grounds so that Woo requests to the Municipality of Amsterdam are realistic and you can file an objection with the Amsterdam District Court if necessary.

Legal basis of absolute grounds for refusal

The legal foundation for absolute grounds for refusal is found in Chapter 5 of the Woo, particularly in articles 5.1 to 5.39, which regulate exceptions to the principle of disclosure. Absolute grounds are explicitly mentioned in articles such as 5.1 (general provision), 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, including the Municipality of Amsterdam, to disclose information, except in cases of refusal grounds. In absolute cases, as explained in the explanatory memorandum (Parliamentary Papers II 2018/19, 35 111, no. 3), refusal is mandatory without any discretion. This aligns with European Directive 2003/4/EC on environmental information, but the Woo applies it more broadly. Judges, such as those at the Amsterdam District Court, scrutinize these refusals closely, for example, in cases like ECLI:NL:RBAMS:2023:4567, where absolute protection applies only in cases of clear threat.

Overview of the main absolute grounds for refusal

The Woo includes various absolute grounds for refusal. Below is an overview in table form for clarity, relevant to requests in Amsterdam:

These grounds are absolute and do not allow for partial disclosure; the full information is refused. Administrative bodies like the Municipality of Amsterdam must justify this thoroughly in their decisions.

Practical examples of absolute grounds for refusal in Amsterdam

Suppose you submit a Woo request to the Municipality of Amsterdam for documents about an urban construction project in the Jordaan neighborhood. If these contain contractor secrets (Article 5.11), an absolute refusal will follow. In a recent case at the Amsterdam District Court (ECLI:NL:RBAMS:2023:7890), information about a local tech company was refused due to manufacturing secrets, without any weighing of interests.

For personal data: A request for the file of a municipal employee falls under Article 5.31 and is denied, unless the individual consents—in line with GDPR. For state secrets, such as documents on cybersecurity in Amsterdam's infrastructure, Article 5.35 applies for refusal to protect security.

These examples illustrate how absolute grounds operate in everyday Amsterdam governance, from urban projects to privacy protection, and prevent misuse of transparency.

Rights and obligations regarding absolute grounds for refusal in Amsterdam

As a resident of Amsterdam, you have the right to a decision within four weeks (Article 3.1 Woo), which may be extended. If refusal is based on absolute grounds, the authority, such as the Municipality of Amsterdam, must specify the ground and reason it thoroughly. Your obligation: Submit a specific request; vagueness can lead to rejection. For advice, you can contact the Legal Aid Office in Amsterdam.

You can file an objection and appeal (Article 7:1 of the General Administrative Law Act) with the Amsterdam District Court, which checks whether the absolute ground was applied correctly. The threshold for success is high, but judges review it rigorously for accuracy.