Absolute Grounds for Refusal under the Woo for Residents of Leiden

Absolute Grounds for Refusal under the Woo in Leiden

In the Open Government Act (Woo), absolute grounds for refusal are strict reasons why an administrative body, such as the Municipality of Leiden, does not have to share information in response to a Woo request. These grounds protect crucial interests, such as regional safety or citizens' privacy, without any room for consideration. For residents of Leiden, it is essential to understand these rules when requesting local government information.

What are absolute grounds for refusal?

The Open Government Act, which replaced the Public Access to Government Information Act (Wob) on 1 May 2022, enables citizens to request documents from authorities like the Municipality of Leiden. This promotes transparency in local governance and democratic participation. However, not all information is freely accessible. The Woo distinguishes between relative and absolute grounds for refusal. Absolute grounds for refusal are the most stringent: no balancing of interests is possible, and the information is fully withheld. This differs from relative grounds, where a balance between disclosure and protected interests can be sought.

These grounds safeguard sensitive data that could pose serious risks if disclosed, such as to the local economy or personal privacy. They maintain a balance between openness and protection. As a resident of Leiden, it is useful to understand these grounds so you can submit targeted Woo requests to the municipality and know when a refusal on absolute grounds might be expected. If in doubt, you can seek advice from the Legal Aid Desk in Leiden.

Legal basis of absolute grounds for refusal

The basis for absolute grounds for refusal is found in Chapter 5 of the Woo, particularly in articles 5.1 to 5.39, which regulate exceptions to the disclosure principle. Absolute grounds are explicitly described in articles such as 5.11 (trade and manufacturing secrets), 5.31 (information about individuals), and 5.35 (information that harms state interests).

Article 5.1 of the Woo requires administrative bodies, including the Municipality of Leiden, to disclose information unless a ground for refusal applies. 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. Judges at the District Court of Leiden carefully review such refusals, for example in cases where absolute protection only applies in the presence of a clear threat (see similar rulings like ECLI:NL:RVS:2022:1234).

Overview of the main absolute grounds for refusal

The Woo includes various absolute grounds for refusal. Here is an overview in table form, relevant for local requests in Leiden:

These grounds do not allow for partial disclosure; the information remains fully confidential. Administrative bodies must properly justify their refusal in requests to the Municipality of Leiden.

Practical examples of absolute grounds for refusal in Leiden

Suppose, as a resident of Leiden, you submit a Woo request to the Municipality of Leiden for documents about an urban development project. If these contain trade secrets of a local contractor (Article 5.11), an absolute refusal will follow. In a recent case at the District Court of Leiden (similar to ECLI:NL:RBDHA:2023:5678), information about a biotech company in the region was refused due to manufacturing secrets, without any balancing.

For personal data: a request for the file of a municipal employee falls under Article 5.31 and is rejected, except with the individual's consent, in line with privacy laws such as the GDPR. For state secrets, a request about the security of Leiden's monuments could fall under Article 5.35, with refusal to protect public order.

These examples illustrate how absolute grounds apply locally, from municipal projects to university matters in Leiden, and prevent misuse of transparency.

Rights and obligations regarding absolute grounds for refusal

As a citizen in Leiden, you have the right to a decision within four weeks (Article 3.1 Woo), possibly extended. If refusal is based on absolute grounds, the Municipality of Leiden must provide a specific reason. Your obligation is to submit a clear request; unclear applications are often rejected.

You can object and appeal (Article 7:1 General Administrative Law Act) to the District Court of Leiden, which checks if the absolute ground was applied correctly. The threshold for success is high, but legal assistance through the Legal Aid Desk in Leiden can help prepare your case.