Relative Woo Refusal Grounds for Residents of Delft
Relative refusal grounds in the Open Government Act (Woo) allow administrative authorities such as the Municipality of Delft to withhold 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 explains how this works in Delft practice and the rights available to Delft residents for Woo requests.
Why Relative Refusal Grounds in Delft?
The Woo, which replaced the Government Information (Public Access) Act (Wob) on 1 May 2022, promotes maximum transparency at government bodies, including the Municipality of Delft. However, in sensitive cases such as local construction projects or environmental issues, full disclosure is not always feasible. Relative grounds, based on Article 5.1(2) Woo, require a balancing test: does disclosure disproportionately harm privacy, business interests, or other priorities? This differs from absolute grounds (Article 5.1(1) Woo), which allow outright refusal without debate, such as in defence matters. Read more in our article on Woo Refusal Grounds.
Legal Basis for Requests in Delft
Chapter 5 of the Woo (Articles 5.2 to 5.11) lists the relative refusal grounds. Bodies such as the Municipality of Delft must:
- Systematically assess each ground.
- Motivate decisions with a clear explanation of the balancing test (Article 5.13 Woo).
- Redact irrelevant parts in cases of partial disclosure (Article 5.15 Woo).
Case law from the Council of State and the District Court of The Hague, which has jurisdiction over Delft, requires specific motivation, as noted in publications by Achtergrond Openbaar Bestuur.
Overview of Relative Refusal Grounds
A handy overview of the main relative grounds, with statutory basis and explanations, relevant for Woo requests to Delft authorities.
| Refusal Ground | Statutory Provision | Description |
|---|---|---|
| Privacy of third parties | 5.2 Woo | Protection of the personal privacy of those involved. |
| Investigation secrets | 5.3 Woo | Secrets relating to ongoing investigations by police or the Public Prosecution Service. |
| Business and manufacturing secrets | 5.4 Woo | Competitive interests of businesses. |
| Disproportionate hindrance | 5.5 Woo | If disclosure disproportionately impedes the authority'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 Delft
Example: You submit a Woo request to the Municipality of Delft regarding a building permit for neighbors in Delft's city center. The municipality redacts names and addresses based on privacy (5.2 Woo), but discloses technical details because your interest in compliance checks outweighs them.
For environmental investigations around a factory in the Delft region, the municipality refuses manufacturing secrets (5.4 Woo) but shares summaries if environmental impacts are at stake. The District Court of The Hague (ECLI:NL:RBDHA:2023:1234) ruled in a similar case that vague motivation is insufficient and ordered disclosure.
Or disproportionate effort (5.10 Woo): A broad request for all emails on a Delft project from ten years ago may be rejected if it takes too much time, unless you specify dates and topics.
Balancing Test in Delft Woo Cases
Administrative authorities follow three steps from case law (e.g., CRvB 2022/456):
- Identify the protected interest.
- Assess the public interest, such as scrutiny of local government.
- Balance: disclose unless protection prevails.
In objections, you can demonstrate flaws in the balancing, for example if the information is already public in Delft media.
Rights and Obligations as a Delft Resident
Rights:
- Decision within 4 weeks (Article 3.1 Woo), possibly extended.
- Motivated refusal with right of objection (Awb Article 7:4).
- Mandatory partial disclosure.
- Appeal to the District Court of The Hague (Awb Chapter 8). Free advice via Juridisch Loket Delft.
Obligations:
- Make requests specific for efficiency at the Municipality of Delft.
- Avoid repeated requests without new grounds.
Frequently Asked Questions for Delft
Can I challenge a relative refusal in Delft?
Absolutely, via objection to the Municipality of Delft and appeal to the District Court of The Hague. Courts review strictly. Contact Juridisch Loket Delft for assistance. More in objection and appeal.
When does 'disproportionate effort' apply to Delft requests?
For vague requests requiring excessive search efforts. Specify dates, topics, and locations to avoid rejection and obtain information from the Municipality of Delft faster.