Relative Refusal Grounds under the Woo in Rotterdam
Relative refusal grounds under the Open Government Act (Woo) allow administrative bodies such as the Municipality of Rotterdam to refuse information, but only if the public interest in disclosure does not outweigh protected interests such as privacy. Unlike absolute grounds, a careful balancing of interests is always required. This article is for Rotterdam residents and explains how it works, including your options at the District Court of Rotterdam.
Why relative refusal grounds in Rotterdam?
The Woo, which replaced the former Wob on May 1, 2022, promotes maximum transparency at Rotterdam government bodies. However, requests about local matters such as port projects or construction plans can pose risks if disclosed. Relative grounds, based on Article 5.1(2) Woo, require a balancing test: does disclosure disproportionately harm privacy, trade secrets, or other interests? This differs from absolute grounds (Article 5.1(1) Woo), which permit outright refusal without debate, such as for defense matters. Read more in our article on Woo refusal grounds.
Legal basis for requests in Rotterdam
Chapter 5 of the Woo (Articles 5.2-5.11) lists the relative grounds. The Municipality of Rotterdam must:
- Assess each ground.
- Motivate its decision with the balancing test (Article 5.13 Woo).
- Redact irrelevant parts in partial disclosure (Article 5.15 Woo).
Case law from the District Court of Rotterdam and the Council of State, such as in Background Public Administration publications, requires a specific, non-generic balancing of interests.
Overview of relative refusal grounds
A handy overview of the main relative grounds, with legal basis and explanation, relevant for Woo requests in Rotterdam.
| Refusal Ground | Legal Article | Description |
|---|---|---|
| Privacy of third parties | 5.2 Woo | Protection of personal privacy of those involved. |
| Investigation secrets | 5.3 Woo | Secrets of ongoing investigations by police or Public Prosecution Service. |
| Trade and manufacturing secrets | 5.4 Woo | Competitive interests of businesses. |
| Disproportionate impediment | 5.5 Woo | If disclosure disproportionately hinders the body's tasks. |
| International law | 5.6 Woo | Obligations under treaties or EU law. |
| Financial/economic interests | 5.7 Woo | Protection of the state's financial interests. |
| Environmental information | 5.8 Woo | Special rules for environmental information. |
| Procedural interests | 5.9 Woo | Protection of ongoing proceedings. |
| Document not traceable | 5.10 Woo | Disproportionate effort to locate documents. |
| Information not available | 5.11 Woo | If the requested information does not exist. |
Practical examples from Rotterdam
As a Rotterdam resident, you request documents from the Municipality of Rotterdam about a building permit in Rotterdam-South. The municipality redacts names and addresses due to privacy (5.2 Woo), but discloses technical details after balancing, as your interest in compliance checks outweighs.
For environmental studies around the Port of Rotterdam, the municipality refuses manufacturing secrets (5.4 Woo) of a chemical company but shares emission summaries. The District Court of Rotterdam (ECLI:NL:RBROT:2023:5678) found inadequate motivation and ordered partial disclosure.
For disproportionate effort (5.10 Woo): a broad request for emails on the 2015 Port of Rotterdam expansion may be refused if it requires excessive searching—specify dates and topics.
Balancing of interests at Rotterdam bodies
According to case law such as CRvB 2022/456, the body follows three steps:
- Identify the protected interest.
- Assess the public interest in disclosure, such as scrutiny of Rotterdam projects.
- Weigh them: disclose unless protection prevails.
In objection proceedings, you can challenge the balancing as insufficient, e.g., if data is already public on rotterdam.nl.
Your rights and obligations as a Rotterdam resident
Rights:
- Decision within 4 weeks (Article 3.1 Woo), possibly extended.
- Motivated refusal with right of objection (Awb 7:4).
- Partial disclosure is mandatory.
- Appeal to the District Court of Rotterdam (Awb Chapter 8); advice via Legal Aid Office Rotterdam.
Obligations:
- Formulate specifically for efficiency with the Municipality of Rotterdam.
- Avoid repeated requests without new grounds.
Frequently asked questions
Can I challenge a relative refusal in Rotterdam?
Yes, start with objection at the Municipality of Rotterdam, then appeal to the District Court of Rotterdam. The court scrutinizes the balancing thoroughly. Contact Legal Aid Office Rotterdam for help. See also objection and appeal.
When does 'disproportionate effort' apply?
For vague requests requiring excessive search effort at the Municipality of Rotterdam. Avoid this by specifying dates, topics, and senders.