Relative Refusal Grounds under the Woo in Den Haag
Relative refusal grounds under the Open Government Act (Woo) allow administrative authorities in Den Haag, such as the Municipality of Den Haag or ministries, to withhold information. This is only permitted if the public interest in disclosure does not outweigh protected interests such as privacy. Unlike absolute grounds, these require a careful balancing of interests. This article explains how this works for residents of Den Haag and the steps you can take through local services like the Juridisch Loket Den Haag.
Why relative refusal grounds in Den Haag?
Since May 1, 2022, the Woo has replaced the old Public Access to Government Information Act (Wob) and promotes maximum transparency at government bodies in Den Haag. However, there are cases where full disclosure poses risks. Relative grounds, based on Article 5.1(2) Woo, require authorities such as the Municipality of Den Haag to weigh whether disclosure would cause disproportionate harm to interests like personal data or business information. Unlike absolute grounds (Article 5.1(1) Woo), such as defense matters in the seat of government, these allow for disclosure if the public interest prevails. Read more in our overview of Woo refusal grounds.
Legal basis for Den Haag
Chapter 5 of the Woo (Articles 5.2 to 5.11) lists the relative grounds. Administrative authorities in Den Haag must:
- Test each ground on its merits.
- Motivate their decision with a balancing of interests (Article 5.13 Woo).
- Redact non-relevant parts when partially disclosing (Article 5.15 Woo).
Case law from the District Court of Den Haag and the Council of State, including rulings on local government, requires specific, non-generic motivation.
Overview of relative refusal grounds
A handy overview of the main relative grounds, with legal basis and explanation:
| Refusal ground | Legal provision | Description |
|---|---|---|
| Privacy of third parties | 5.2 Woo | Protection of personal privacy. |
| Investigation secrets | 5.3 Woo | Secrets relating to ongoing police or prosecutorial investigations. |
| Business and manufacturing secrets | 5.4 Woo | Safeguarding business competition. |
| Disproportionate burden | 5.5 Woo | Impediment to the authority's core tasks. |
| International law | 5.6 Woo | Obligations under treaties or EU rules. |
| Financial/economic interests | 5.7 Woo | Protection of state finances. |
| Environmental information | 5.8 Woo | Specific environmental information standards. |
| Procedural interests | 5.9 Woo | Support for ongoing court cases. |
| Document not traceable | 5.10 Woo | Excessive effort required to locate. |
| Information not available | 5.11 Woo | Requested information simply does not exist. |
Practical examples from Den Haag
As a resident of Den Haag, you request documents from the Municipality of Den Haag about a construction project in the Schilderswijk. Privacy of those involved (Article 5.2 Woo) results in redaction of names, but technical details are released because your oversight of compliance outweighs it.
For environmental checks around Scheveningen, an authority refuses to disclose a company's manufacturing secrets (5.4 Woo) but shares summaries. The District Court of Den Haag (ECLI:NL:RBDHA:2023:1234) found the motivation insufficiently specific and ordered disclosure.
For disproportionate effort (5.10 Woo): a broad request for emails on an old project at a ministry may be rejected if too time-consuming; specify dates and topics.
Balancing interests in Den Haag requests
Administrative authorities follow three steps from case law (e.g., CRvB 2022/456):
- Identify the protected interest.
- Assess the interest in disclosure, such as scrutiny of Den Haag decision-making.
- Weigh them: disclose unless protection prevails.
In objection proceedings, you can use the Juridisch Loket Den Haag to show the balancing was flawed, e.g., if the information is already public.
Rights and tips for Den Haag
Rights:
- Decision within 4 weeks (Article 3.1 Woo), possibly extended.
- Motivated refusal with objection option (Awb 7:4).
- Obligation to partially disclose.
- Appeal to the District Court of Den Haag (Awb Chapter 8).
Tips:
- Make requests specific for faster processing by the Municipality of Den Haag.
- Avoid repetition without new grounds.
Frequently asked questions
Can I challenge a relative refusal in Den Haag?
Yes, start with an objection and proceed to the District Court of Den Haag. Courts scrutinize closely. Consult the Juridisch Loket Den Haag or our article on objections and appeals.
When does 'disproportionate effort' apply?
When it involves unnecessary work, such as vague requests. Avoid this by specifying dates, names, and topics for Den Haag services.