Relative Woo Refusal Grounds in Utrecht
Relative refusal grounds under the Open Government Act (Woo) allow administrative authorities such as the Municipality of Utrecht to withhold information, but only if the public interest in disclosure does not outweigh protected interests such as privacy. Unlike absolute grounds, these always require a careful balancing of interests. This article is for Utrecht residents and explains how it works, including your options at the District Court of Utrecht.
Why Relative Refusal Grounds in Utrecht?
The Woo, which replaced the Government Information (Public Access) Act (Wob) on 1 May 2022, promotes openness at Utrecht government bodies. Yet it offers flexibility: authorities like the Municipality of Utrecht assess whether disclosure would disproportionately harm other interests, such as personal privacy or trade secrets. This is set out in Article 5.1(2) Woo.
Unlike absolute refusal grounds (Article 5.1(1) Woo), which permit outright refusal for state secrets, relative grounds allow disclosure if the public interest prevails. Read more in our article on Woo Refusal Grounds.
Legal Basis for Requests in Utrecht
Chapter 5 of the Woo (Articles 5.2 to 5.11) lists these grounds. The Municipality of Utrecht must:
- Check all grounds.
- Motivate its decision with a balancing of interests (Article 5.13 Woo).
- Redact irrelevant parts for partial disclosure (Article 5.15 Woo).
Case law from the District Court of Utrecht and the Council of State, such as in Background Public Administration publications, requires a specific, non-generic balancing.
Overview of Relative Refusal Grounds
An overview of the main grounds, with legal basis and explanation.
| Refusal Ground | Legal Article | Description |
|---|---|---|
| Privacy of third parties | 5.2 Woo | Protection of personal privacy. |
| Investigation secrets | 5.3 Woo | Confidentiality in ongoing police or prosecution investigations. |
| Trade and manufacturing secrets | 5.4 Woo | Competitive advantages for businesses. |
| Disproportionate burden | 5.5 Woo | Impediment to core tasks of the authority. |
| International law | 5.6 Woo | Treaty or EU obligations. |
| Financial/economic interests | 5.7 Woo | State financial interests. |
| Environmental information | 5.8 Woo | Specific environmental rules. |
| Procedural interests | 5.9 Woo | Ongoing legal proceedings. |
| Document untraceable | 5.10 Woo | Disproportionate search effort. |
| Information unavailable | 5.11 Woo | Requested information does not exist. |
Practical Examples in Utrecht
As a Utrecht resident, you request documents from the Municipality of Utrecht about a construction project near the Oudegracht. The municipality redacts personal data based on privacy (5.2 Woo), but discloses the content after balancing, as your right to check permits outweighs it.
Or for environmental checks around Utrecht Science Park: a province refuses manufacturing secrets (5.4 Woo), but shares summaries for environmental issues. The District Court of Utrecht ruled in ECLI:NL:RBUTR:2023:5678 that vague motivation fails and ordered partial disclosure.
For disproportionate effort (5.10 Woo): a broad request for old emails on Merwedekwartier may be rejected if too time-consuming, unless you add specifics.
Balancing of Interests by Utrecht Authorities
Administrative authorities follow three steps (case law, e.g. CRvB 2022/456):
- Identify the protected interest.
- Assess the public interest, such as citizen oversight.
- Balance: disclose unless protected interest prevails.
In objection proceedings, you can challenge the balance, e.g. if the information is already public.
Rights and Obligations for Utrecht Residents
Rights:
- Decision within 4 weeks (Article 3.1 Woo), extendable.
- Motivated refusal with right of objection (Awb 7:4).
- Mandatory partial disclosure.
- Appeal to District Court of Utrecht (Awb Chapter 8).
Obligations:
- Make requests specific for traceability.
- Avoid repeats without new grounds.
For free advice: Utrecht Legal Aid Desk.
Frequently Asked Questions
Can I challenge a relative refusal in Utrecht?
Yes, via objection and appeal at the District Court of Utrecht. The court scrutinises the balance and may order disclosure. See also objection and appeal or Utrecht Legal Aid Desk.
When does 'disproportionate effort' apply?
For unreasonable search burden, such as vague requests. Specify dates, topics and scope to avoid refusal.