Principle of Openness in Rotterdam's Government

Principle of Openness in Rotterdam's Government

The principle of openness in Rotterdam's government forms a cornerstone of Dutch administrative law. It ensures that information from local authorities such as the Municipality of Rotterdam is in principle accessible to residents. Residents of Rotterdam can request documents, except in cases of compelling exceptions, to promote transparency and oversight of city government.

What does the principle of openness mean for Rotterdam?

This principle requires the Municipality of Rotterdam to make documents such as reports, correspondence, contracts, and policy notes publicly available. Information is proactively published on websites like rotterdam.nl and released upon request. Enshrined in the Open Government Act (Woo) – successor to the Wob as of May 1, 2022 – it fosters a culture of transparency in Rotterdam, giving citizens better insight into local decision-making.

Previously, residents of Rotterdam had to request information themselves; now the municipality publishes much of it in advance, such as registers of subsidies, port tenders, or building permits in neighborhoods like Kralingen or the port area.

Legal Basis

At the core is Article 3:1 of the Open Government Act (Woo): "Information held by administrative authorities is public." This governs both active and passive disclosure for Rotterdam authorities.

• Active disclosure (art. 3:2 Woo): The Municipality of Rotterdam publishes information on its own initiative, for example via open data portals or the municipal website.
• Passive disclosure (art. 3:3 Woo): Upon request from a Rotterdam resident, information must be provided unless refusal grounds apply (Division 5.1 Woo).

The Woo applies to the Municipality of Rotterdam, provinces, water boards, and national authorities. Procedures are governed by the General Administrative Law Act (Awb), with objections to the municipality and appeals to the District Court of Rotterdam.

Differences between Woo and Wob

The Woo modernizes the Wob for better access in Rotterdam:

These updates make it easier for Rotterdam residents to obtain local information.

Rights of Rotterdam Residents

As a resident, you may request government information from the Municipality of Rotterdam free of charge, without needing to demonstrate an interest. Key rights:

1. Free access: Usually free, except for copies or complex searches.
2. Decision within 4 weeks (art. 4:5 Woo), with option for extension.
3. Objection and appeal: In case of refusal, lodge an objection with the municipality, then appeal to the District Court of Rotterdam. Assistance available from the Rotterdam Legal Aid Office.

Requests can be made digitally or in writing, in any desired format.

Obligations of Rotterdam Authorities

The Municipality of Rotterdam must:

• Publish an openness profile on rotterdam.nl detailing proactively published information (art. 3:10 Woo).
• Motivate requests and refuse only when necessary, such as for privacy or trade secrets.
• Disclose partially by redacting where possible.

Practical Examples in Rotterdam

Example 1: A resident from Feijenoord requests the file for a tree-felling permit in the park via Woo. The Municipality of Rotterdam shares the full file, including internal emails, but redacts personal data.

Example 2: Journalists used Woo requests during the child benefits scandal to obtain documents, which had national impact – also relevant for Rotterdam civil servants.

Example 3: A business owner in the port area requests tender information from the Municipality of Rotterdam. This is already public on TenderNed, thanks to active disclosure.

Refusal of Disclosure

Refusal is permitted under Articles 5:11 to 5:20 Woo, such as:

• Privacy (art. 5:13): Personal data.
• Economic interests (art. 5:16): Trade secrets.
• Security (art. 5:11): International relations.

The District Court of Rotterdam reviews strictly: openness prevails unless disproportionate.

Frequently Asked Questions