Proactive Disclosure in Amsterdam Explained

Proactive Disclosure in Amsterdam

In Amsterdam, the Government Information (Public Access) Act (Woo) requires government bodies, such as the Municipality of Amsterdam, to automatically publish relevant information on their website. This means Amsterdammers do not need to file a Woo request to access important documents. It promotes transparency on local issues like budgets and permits.

Legal Basis for Proactive Disclosure

Proactive disclosure is outlined in the Government Information (Public Access) Act (Woo), which replaced the former Public Access to Government Information Act (Wob) on May 1, 2022. Key provisions include:

• Article 3 Woo: Administrative bodies, including the Municipality of Amsterdam, maintain a register of working documents and make it publicly available.
• Article 5 Woo: Publication of policy rules and general documents.
• Article 6 Woo: Positions on planned decisions must be published online.
• Article 7 Woo: Decisions on objections and appeals are published.
• Article 8 Woo: Granted Woo requests are added to the register.
• Article 11 Woo: Annual report on disclosure activities.

These rules apply to the Municipality of Amsterdam, provinces, water authorities, and national bodies. Everything is digitally accessible via the public register on amsterdam.nl.

What Does the Municipality of Amsterdam Proactively Publish?

The municipality shares various documents proactively. Examples include:

• Policy documents and rules: Amsterdam budgets, annual accounts, subsidy conditions, and environmental visions.
• Working documents: Draft decisions and preparatory notes.
• Positions on decisions: Justifications for permits, such as for a construction project in the Jordaan.
• Objection and appeal decisions: Anonymized judgments from the Amsterdam District Court.
• Granted Woo requests: Released documents from prior requests.

Publication occurs promptly after approval, except for privacy or confidential information (Article 10 Woo).

Practical Examples in Amsterdam

Is the Municipality of Amsterdam developing new cycling policy? Under Article 6 Woo, the position on the proposal appears directly on amsterdam.nl. Check the register effortlessly.

Or discover via the municipality's Woo register how a subsidy for a cultural project in Oost was approved, without filing your own request.

Water authorities around Amsterdam, such as Hoogheemraadschap Hollands Noorderkwartier, publish annual accounts online for financial oversight.

Rights and Obligations Regarding Proactive Disclosure

Your rights as an Amsterdammer:

1. Free access to all published information, without a request.
2. Verification of compliance via the public register on amsterdam.nl.
3. Woo request for unpublished documents (see Which documents can you request from the government?). Contact Juridisch Loket Amsterdam for advice.

Obligations of government bodies:

• Proactive and timely publication.
• Searchable, structured digital access.
• Annual reporting (Article 11 Woo).

No publication? File a complaint with the municipality or approach the Amsterdam District Court.

Comparison: Proactive vs. Passive Disclosure

Proactive disclosure differs from passive disclosure (on request). Overview:

Frequently Asked Questions

Tips for Amsterdammers

Make optimal use of proactive disclosure:

• Follow registers: Sign up for newsletters from the Municipality of Amsterdam.
• Use search tools: Sites are searchable.
• Combine with requests: For missing information (see Government Information (Public Access) Act (Woo)).
• Document: Take screenshots of relevant documents for procedures.