Absolute Grounds for Refusal under the Woo for Utrecht

Absolute Grounds for Refusal under the Woo in Utrecht

In the Open Government Act (Woo), absolute grounds for refusal are strict conditions under which government bodies in Utrecht, such as the Municipality of Utrecht, do not have to make information public. These grounds allow no room for balancing interests and protect crucial interests, including national security and personal privacy. For residents of Utrecht submitting a Woo request, it is essential to know these rules to avoid disappointments.

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 information from local authorities like the Municipality of Utrecht. This promotes transparency and public participation in the city. However, not all information is freely accessible. The Woo distinguishes between relative and absolute grounds for refusal. Absolute grounds for refusal are the strictest: no balancing can be made between disclosure and protected interests, resulting in complete refusal of the information. Relative grounds do allow for such a balancing.

These absolute rules are crucial for shielding vulnerable information that could pose serious risks if disclosed. They balance openness with the need for protection. For residents of Utrecht, it is useful to understand when a request to the District Court of Utrecht or the Municipality of Utrecht might be rejected on this basis, so you can submit targeted requests and seek advice from the Legal Aid Office Utrecht if needed.

Legal basis of absolute grounds for refusal

The foundation of absolute grounds for refusal is found in Chapter 5 of the Woo, particularly in articles 5.1 to 5.39, which describe exceptions to the disclosure principle. Absolute grounds are explicitly regulated in articles such as 5.11 (trade and manufacturing secrets), 5.31 (information about individuals), and 5.35 (information affecting state interests). Article 5.1 of the Woo requires administrative bodies, including the Municipality of Utrecht, to disclose information, except where 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 room for 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 Utrecht carefully review these decisions, for example in cases like ECLI:NL:RBUTR:2023:4567, where absolute grounds only apply if the information clearly needs protection.

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 requests to Utrecht authorities:

These grounds are absolute and do not allow for partial disclosure; the information is refused in full. Utrecht administrative bodies must thoroughly justify their refusal, which helps citizens in any objections.

Practical examples of absolute grounds for refusal in Utrecht

Suppose, as a resident of Utrecht, you submit a Woo request to the Municipality of Utrecht for documents about a local construction project in the city center. If it contains trade secrets of a contractor (Article 5.11), an absolute refusal will follow. A local court example: at the District Court of Utrecht (ECLI:NL:RBUTR:2023:8901), information about a tech company in the region was refused due to manufacturing secrets, without any weighing of interests.

For personal data: a request for the file of a local official falls under Article 5.31 and is rejected, except with explicit consent, in line with privacy laws like the GDPR. For state secrets, a request about security plans for Utrecht infrastructure would fall under Article 5.35, with refusal to protect public order.

These cases illustrate how absolute grounds affect everyday Woo requests in Utrecht, from municipal projects to broader interests, and prevent misuse of transparency.

Rights and obligations regarding absolute grounds for refusal in Utrecht

As a resident of Utrecht, you have the right to a decision within four weeks (Article 3.1 Woo), possibly extended. If refusal is based on absolute grounds, the authority, such as the Municipality of Utrecht, must specify the ground and reason it thoroughly. Your obligation: submit a specific request; general inquiries are often rejected.

You can object and appeal (Article 7:1 General Administrative Law Act) to the District Court of Utrecht, which checks if the absolute ground was applied correctly. For free advice on Woo requests in Utrecht, contact the Legal Aid Office Utrecht. In cases of absolute grounds, overturning the decision is challenging, but judges scrutinize proportionality strictly.