Government Information Act (Wob) lawyer & legal expert

Government Information Act (Wob)

The Public Administration Transparency Act expires on May 1, 2022, and is replaced by the new Open Government Act (Woo). Both acts share the same objective, namely to create a legal framework for the public disclosure of government information. While the new act does not bring about enormous substantive changes, significant procedural changes do.

We assist both public and private organizations with, among other things:

• Assistance with Wob requests (and Woo requests)
• Objection and appeal procedures

We have the knowledge and expertise to assume diverse roles: from advice to dispute resolution. We have an experienced team of lawyers and legal experts in the field of the Government Information Act (Wob). Contact us to discuss the possibilities.

From Wob to Open Government Act (Woo)

Since May 1, 2022, the Wob has been replaced by the Open Government Act (Woo). Consequently, a request for government information is formally no longer called a Wob request, but a Woo request. In practice, however, both terms are still used interchangeably. The basic principle remains the same: government information is public in principle, unless a statutory exception applies. The Woo primarily brings about procedural changes, such as a greater emphasis on proactive disclosure, a mandatory Woo contact person at administrative bodies, and adjusted rules regarding time limits. Whether you are requesting information from a municipality as an entrepreneur, or are dealing with a request as an organization itself: we are familiar with both the old Wob framework and the new Woo practice.

What is a Woo or Wob request?

With a Woo request (formerly Wob request), anyone can ask an administrative body to make public information recorded in documents concerning an administrative matter. A request must be submitted in writing and describe as clearly as possible which information or documents you require. You do not need to demonstrate an interest or provide a reason. This may concern a wide range of documents, such as:

• permit applications and granted permits;
• inspection, control and enforcement reports;
• advice, notes and internal memos;
• correspondence and email traffic between the government and third parties;
• decisions and the underlying documents.

For the entrepreneur, such a request is often a valuable tool for gaining control over government actions – whether it is the baker on the corner wanting to know why the neighbor received a terrace permit, or an international corporation seeking insight into decision-making regarding an establishment or permit.

Grounds for refusal: when may the government withhold information?

Not all information is made public. The Woo (and before that the Wob) recognizes two types of grounds for refusal:

• Absolute grounds for refusal: the information is refused without a balancing of interests, for example in the event of a threat to the unity of the Crown or the security of the State, in the case of confidentially provided business and manufacturing data, and in the case of special categories of personal data.
• Relative grounds for refusal: here, the administrative body weighs the interest of public access against the interest to be protected, such as privacy, the investigation and prosecution of criminal offences, the prevention of disproportionate advantage or disadvantage, or the protection of the competitive position.

If a ground for refusal applies to only part of a document, the remainder must be made public. In practice, you will then receive documents in which certain passages have been redacted, with a mention of the applied ground for refusal for each passage. We critically assess whether the administrative body has properly justified a refusal or whether information has been withheld unjustifiably.

Time limits, notice of default and penalty payment

In principle, an administrative body must decide on a Woo request within four weeks of receipt. This period may be extended once by a maximum of two weeks if the request is extensive or complex. If the government fails to decide on time, you may send a written notice of default to the administrative body. If it subsequently does not respond within two weeks, this may – depending on the applicable regime – lead to a penalty payment for failure to decide in a timely manner, and you may lodge a direct appeal with the administrative court for failure to decide in a timely manner. We monitor these deadlines, issue a timely notice of default where necessary, and ensure that your request is not put on the back burner.

Objection, appeal and preliminary relief

If you disagree with a decision on your Woo request – for example, because too much has been redacted or the request has been (partially) rejected – you may lodge an objection with the administrative body within six weeks. If the objection is rejected, you have the right to appeal to the District Court within six weeks, followed by a possible appeal to the Administrative Jurisdiction Division of the Council of State. If there is urgency, for example because information is needed in the short term, a preliminary injunction may be requested from the preliminary relief judge. Obtaining information is often only the first step: the publicly disclosed documents regularly form the basis for subsequent proceedings or negotiations with the government. These steps align with the broader practice of objections and appeals within Administrative Law.

Active disclosure and third-party stakeholders

The Woo places a stronger emphasis on proactive disclosure: administrative bodies must make certain categories of documents public on their own initiative, without the need for a request. This also affects entrepreneurs: information in which your company appears can thus become public. If you are a third-party stakeholder – for example, because a competitor requests information about your company or because your company details are contained in documents to be requested – you have the right to submit a statement of views and, if necessary, lodge an objection and appeal against disclosure. We assist both requesters and companies that specifically wish to prevent confidential data from being leaked.

What MKB Juristen does for you

At MKB Juristen, lawyers and in-house counsel work together in mixed teams, serving both international corporations and small business owners. Regarding the Government Information Act and the Open Government Act, we support you with:

• drafting and submitting an effective Woo or Wob request;
• assessing refusals, redactions, and justifications;
• notice of default and claiming a penalty payment for failure to decide in a timely manner;
• objection, appeal and preliminary relief procedures;
• protecting your business data as a third-party stakeholder;
• strategically utilizing acquired information in follow-up processes, such as against enforcement decisions or environmental permits.

Please feel free to contact us to discuss your situation without obligation.