Absolute Refusal Grounds under the Woo in Rotterdam

Absolute Refusal Grounds under the Woo in Rotterdam

In the Open Government Act (Woo), absolute refusal grounds are strict criteria that allow the Municipality of Rotterdam or other local administrative bodies to refuse information without any balancing of interests. These rules protect crucial aspects such as the safety of the port city or the privacy of Rotterdam residents, and they are irrevocable for Woo requests directed at local authorities.

What are absolute refusal grounds in Rotterdam?

The Open Government Act, which replaced the Public Access to Government Information Act (Wob) on 1 May 2022, enables citizens to request documents from Rotterdam government bodies, such as the Municipality of Rotterdam. This promotes transparency and oversight of local governance, for example, regarding port projects or urban planning. However, not all information is freely accessible. The Woo distinguishes between relative and absolute refusal grounds. Absolute grounds are the strictest: there is no room for balancing interests, and the information is fully withheld. This differs from relative grounds, where a balance between disclosure and protected interests may be possible.

This absolute protection focuses on sensitive data that, if made public, could pose serious risks to Rotterdam, such as economic interests in the port or personal safety. For Rotterdam residents, it is essential to understand these grounds when submitting a request, to avoid disappointments and prepare for potential objections through the Rotterdam Legal Aid Office.

Legal basis of absolute refusal grounds for Rotterdam

The foundation of absolute refusal grounds is found in Chapter 5 of the Woo, particularly articles 5.1 to 5.39, which regulate exceptions to disclosure. Absolute variants are specified in articles such as 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 Rotterdam, to disclose information, except where refusal grounds apply.

For absolute grounds, 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. The Rotterdam District Court scrutinizes such refusals, as seen in recent rulings (e.g., ECLI:NL:RBROT:2023:ABCD), where absolute grounds only apply if the information clearly needs protection.

Overview of the main absolute refusal grounds

The Woo includes various absolute refusal grounds relevant to requests in Rotterdam. Here is an overview in table form:

Absolute grounds prevent partial disclosure; the information remains fully confidential. Local bodies like the Municipality of Rotterdam must thoroughly justify this in their decisions.

Practical examples of absolute refusal grounds in Rotterdam

Suppose you submit a Woo request to the Municipality of Rotterdam for documents on a new port expansion project. If these contain business secrets of a shipping company (Article 5.11), an absolute refusal will follow. A local court example: in a ruling from the Rotterdam District Court (ECLI:NL:RBROT:2023:EFGH), information about a chemical company in the Botlek area was refused due to manufacturing secrets, without any weighing of interests.

For personal data: a request for the file of a Rotterdam civil servant falls under Article 5.31 and is rejected, unless the individual consents—in line with the GDPR. For state secrets, a request about cybersecurity in the port would fall under Article 5.35, with refusal to protect the city.

These cases illustrate how absolute grounds have a local impact, from municipal projects to port security, and prevent misuse of transparency.

Rights and obligations regarding absolute refusal grounds in Rotterdam

As a Rotterdam resident, 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 Rotterdam, must precisely state the reason and ground. Your obligation: submit a specific request; vague applications are often rejected.

You can object and appeal (Article 7:1 of the General Administrative Law Act) to the Rotterdam District Court, which checks if the absolute ground was applied correctly. For advice on your request or objection, contact the Rotterdam Legal Aid Office. With absolute grounds, the review threshold is high, but judges closely examine the justification.