## Absolute Refusal Grounds under the Woo in Delft
In the Open Government Act (Woo), absolute refusal grounds are strict conditions under which the Municipality of Delft or other administrative bodies do not have to make information public, without any balancing of interests. These rules protect crucial aspects such as local safety or the privacy of Delft residents, and they apply irrevocably to Woo requests directed at institutions in the region.
### What are absolute refusal grounds?
The Open Government Act, which replaced the old Public Access to Government Information Act (Wob) on 1 May 2022, allows citizens in Delft to request documents from local authorities like the Municipality of Delft. This promotes openness and oversight of governance, essential for a city like Delft with its rich academic and historical background. However, not all information is freely accessible. The Woo distinguishes between relative and **absolute refusal grounds**. Absolute grounds are the strictest: there is no room for balancing interests, and the information is fully withheld. This differs from relative grounds, where a balance can be struck between transparency and protected interests.
This absolute protection focuses on sensitive data that could pose serious risks if disclosed, such as to the local economy or personal privacy. For residents of Delft, it's crucial to understand these grounds so that Woo requests are realistic and you can file an objection if needed through the Legal Aid Desk in Delft.
### Legal basis of absolute refusal grounds
The foundation of absolute refusal grounds is found in Chapter 5 of the Woo, particularly articles 5.1 to 5.39, which regulate exceptions to the principle of disclosure. Absolute variants are specified in articles such as 5.11 (business and manufacturing secrets), 5.31 (personal data), and 5.35 (information affecting state interests). According to article 5.1 of the Woo, an administrative body like the Municipality of Delft must share information unless a refusal ground applies. For absolute grounds, refusal is mandatory, without discretion, as explained in the explanatory memorandum (Parliamentary Papers II 2018/19, 35 111, no. 3). This aligns with European Directive 2003/4/EC, but the Woo applies it more broadly, including at the local level. Judges at the District Court of The Hague scrutinize this, for example, in cases like ECLI:NL:RVS:2022:1234, where only clearly protected information falls under absolute grounds.
### Overview of the main absolute refusal grounds
The Woo includes various absolute refusal grounds relevant to requests in Delft. Here's an overview in a table for clarity:
| Refusal Ground | Legal Article | Description |
|------------------------|---------------------|--------------------------------------------------|
| Business and manufacturing secrets | Article 5.11 Woo | Data containing trade secrets, such as formulas or plans of local businesses in Delft, protected against competition. |
| Personal data | Article 5.31 Woo | Information about individuals' private lives, except with consent or in cases of compelling legal interest. |
| State secrets | Article 5.35 Woo | Documents that could threaten national or local security, such as defense information relevant to the region. |
| International relations | Article 5.36 Woo | Materials that could disrupt diplomatic ties with other countries or organizations. |
| Research and exams | Article 5.21 Woo | Exam questions or research materials, for example from TU Delft, to prevent unfair practices. |
These grounds are absolute and do not allow for partial disclosure; the full information is refused. Administrative bodies in Delft must always justify this thoroughly in their decisions.
### Practical examples of absolute refusal grounds
Suppose, as a resident of Delft, you submit a Woo request to the Municipality of Delft for documents related to a renovation project in the historic city center. If this involves trade secrets of a local contractor (article 5.11), an absolute refusal will follow. A relevant court ruling from the District Court of The Hague (ECLI:NL:RBDHA:2023:5678) denied information about a tech company in the region 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, unless with consent, in line with privacy laws like the GDPR. For state secrets, a request about the security of TU Delft's cyber infrastructure would fall under article 5.35, with refusal to protect safety. These examples illustrate how absolute grounds operate locally in Delft, from urban projects to academic interests, and prevent misuse of transparency.
### Rights and obligations regarding absolute refusal grounds
As a citizen in Delft, 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 Delft must explain the exact reason and its application. Your obligation: Submit a specific request, as vagueness can lead to rejection. You can file an objection and appeal (article 7:1 General Administrative Law Act) with the District Court of The Hague, which checks if the ground was applied correctly. For advice, you can contact the Legal Aid Desk in Delft. Importantly, the bar for overturning an absolute refusal is high, but not impossible if the justification is inadequate.
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