The Open Government Act (Woo) for Residents of Rijswijk
The Open Government Act (Woo) gives residents of Rijswijk, journalists, and local businesses access to government information. This Act, which replaced the former Government Information Act (Wob), promotes transparency at public authorities such as the Municipality of Rijswijk by regulating both proactively disclosed and requested documents. For Rijswijk residents, it is essential for obtaining information on local matters, such as building permits or neighborhood plans.
What Does the Open Government Act Mean for Rijswijk?
The Woo, as it is commonly known, sets out how government bodies such as the Municipality of Rijswijk must share information with the public. Unlike the Wob, which focused on requests, the Woo emphasizes proactive disclosure. Local governments must make useful information available online by default, for example on the Municipality of Rijswijk's website, without you needing to ask for it. This enhances transparency and enables Rijswijk residents to participate in decisions on local developments.
The Act applies to all administrative bodies, including the Municipality of Rijswijk, provinces, and ministries. It covers a wide range of documents, from local policy notes and contracts to environmental data. The aim is to provide Rijswijk residents with insights into government decisions, allowing them to engage more actively in the community.
Legal Basis of the Open Government Act
The Woo entered into force on 1 May 2022 and is laid down in the Act of 18 December 2018 to amend the Government Information Act and related laws with regard to a new system for government information (Bulletin of Acts and Decrees 2019, 1). Key provisions include:
- Article 3 Woo: Requires proactive disclosure; bodies such as the Municipality of Rijswijk must share information if it serves the public interest.
- Article 4 Woo: Governs disclosure upon request.
- Articles 5.1 to 5.4 Woo: Specify grounds for refusal, such as privacy protection (Article 5.1(1)(a)) or national security interests (Article 5.1(1)(b)).
- Article 6 Woo: Sets decision periods for requests (generally 4 weeks).
The Act forms part of administrative law and refers to the Constitution (Article 110), which regards openness as a cornerstone. It complies with EU rules, such as Directive 2003/4/EC on environmental information, relevant to Rijswijk projects.
Differences with the Government Information Act (Wob)
The Woo builds on the Wob with significant improvements. An overview in table form:
| Aspect | Government Information Act (Wob) | Open Government Act (Woo) |
|---|---|---|
| Focus | Mainly upon request | Combination of proactive and reactive disclosure |
| Grounds for refusal | Broad and flexible | More clearly defined, with balancing of interests |
| Time limits | Often extendable | Fixed 4 weeks for decisions |
| Scope | Limited to paper documents | Expanded to data and analyses |
These changes make the Woo more user-friendly for Rijswijk residents, but they require local governments to improve their digital services.
Rights and Obligations under the Open Government Act in Rijswijk
As a resident of Rijswijk, you have rights to government information under the Woo. You can request documents from bodies such as the Municipality of Rijswijk. They assess requests based on public interest, except in cases of compelling reasons such as privacy or trade secrets.
Your obligations are minimal: no need to demonstrate an interest, and it is free of charge except for copies. Public authorities must decide promptly, motivate refusals, and maintain a register. For advice, contact Het Juridisch Loket Rijswijk.
- Submit a request: By letter or via the Municipality of Rijswijk's online portal.
- Await a response: Within 4 weeks, possibly extended.
- File an objection: In case of refusal, within 6 weeks, possibly to the District Court of Rijswijk.
Practical Examples of the Open Government Act in Rijswijk
Suppose a new bike path is planned in Rijswijk-West. Under the Woo, you can find environmental impact assessments on the Municipality of Rijswijk's website. If not, request them; they must provide them within 4 weeks unless confidential.
A journalist in Rijswijk seeks emails on local COVID-19 policy. The Woo requires a balancing test; in 2023, the Council of State ruled that minutes on vaccinations must be disclosed, setting a precedent for local matters.
Or a Rijswijk entrepreneur requests tender contracts from the municipality to check for unfair practices.
Frequently Asked Questions about the Open Government Act
Here are some common questions. For more information, see our article on What Documents Can You Request from the Government?. For complex cases, consult Het Juridisch Loket Rijswijk.
Can you request information under the Woo from every public authority in Rijswijk?
Yes, the Woo applies to all administrative bodies, such as the Municipality of Rijswijk, provinces, and ministries. Exceptions are limited, such as for the King or diplomatic affairs, but local requests to the municipality generally fall within its scope.