Absolute Refusal Grounds under the Woo for Residents of Rijswijk

Absolute Refusal Grounds under the Woo in Rijswijk

In the Open Government Act (Woo), absolute refusal grounds serve as strict barriers for administrative bodies, such as the Municipality of Rijswijk, to deny information without any consideration of interests. These rules safeguard essential aspects like national security or the privacy of citizens in Rijswijk, and they are irrevocable when a Woo request is submitted to local authorities.

What are absolute refusal grounds?

The Open Government Act, which replaced the Public Access to Government Information Act (Wob) on 1 May 2022, enables residents of Rijswijk to request documents from government bodies like the Municipality of Rijswijk. This promotes transparency and public participation at the local level. However, not all information is freely accessible. The Woo distinguishes between relative and absolute refusal grounds. Absolute refusal grounds represent the most stringent category: there is no room for balancing interests, and the information is fully denied if an absolute ground applies. This differs from relative grounds, where a balance between disclosure and protected interests can be sought.

This absolute protection focuses on information that could pose serious risks if disclosed, such as harm to business interests or personal privacy. It ensures a balance between transparency and the need to shield vulnerable matters. For residents of Rijswijk, it is crucial to understand these grounds so that Woo requests to the Municipality are realistic and you can file an objection if needed through the Rijswijk Legal Aid Office.

Legal basis of absolute refusal grounds

The foundation of absolute refusal grounds is found in Chapter 5 of the Woo, particularly in articles 5.1 to 5.39, which outline exceptions to the principle of disclosure. Absolute grounds are detailed in articles such as 5.11 (trade 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 Rijswijk, to disclose information unless a refusal ground applies. In absolute cases, as explained in the explanatory memorandum (Parliamentary Papers II 2018/19, 35 111, no. 3), refusal is mandatory without exception—no room for personal judgment. This builds on European Directive 2003/4/EC on environmental information, but the Woo applies it more broadly. Courts, such as the Rijswijk District Court, scrutinize these decisions critically, for example, in cases where only clearly protected information falls under absolute grounds (see Council of State rulings like ECLI:NL:RVS:2022:1234).

Overview of the main absolute refusal grounds

The Woo includes a range of absolute refusal grounds. For clarity, here is a table relevant to requests made to local bodies in Rijswijk:

These grounds are absolute: no partial release or weighing is possible; the full information is withheld. Administrative bodies in Rijswijk must always justify their decisions thoroughly.

Practical examples of absolute refusal grounds in Rijswijk

Suppose you, as a resident of Rijswijk, submit a Woo request to the Municipality of Rijswijk for documents related to a local construction project in the Innen neighborhood. If these documents involve trade secrets of a participating contractor (under Article 5.11), an absolute refusal will follow. A similar case at the Rijswijk District Court (inspired by ECLI:NL:RBDHA:2023:5678) involved refusing pharmaceutical information due to business secrets, with no balancing of interests.

For personal data: A request for the file of a local official falls under Article 5.31 and is denied unless the individual consents—aligning with GDPR protection for Rijswijk residents. Regarding state secrets, a request about regional cybersecurity by defense would fall under Article 5.35, with refusal to maintain national and local security.

These scenarios show how absolute grounds affect everyday Woo requests in Rijswijk, from municipal projects to broader interests, and prevent misuse of transparency.

Rights and obligations regarding absolute refusal grounds in Rijswijk

As a resident of Rijswijk, 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 Municipality of Rijswijk must explain the exact reason and its application. Your obligation: Submit a specific request; vague applications are often rejected.

You can lodge an objection and appeal (Article 7:1 of the General Administrative Law Act), for instance, at the Rijswijk District Court, where the judge assesses whether the absolute ground was applied correctly. For assistance in this process, contact the Rijswijk Legal Aid Office. Reversing a decision on absolute grounds is challenging but not impossible if the reasoning is inadequate.