2004 freedominfo.org Global Survey Results - The Netherlands
Text from the freedominfo.org Global Survey: Freedom of Information and Access to Government Records Around the World, by David Banisar (updated 12 May 2004)

Article 110 of the Constitution states:

In the exercise of their duties government bodies shall observe the right of public access to information in accordance with rules to be prescribed by Act of Parliament. (1)

Transparency has been of longstanding concern in the Netherlands. The 1795 Declaration of Rights of Man stated, "That every one has the right to concur in requiring, from each functionary of public administration, an account and justification on his conduct." (2)

Freedom of information legislation was first adopted in 1978. The Government Information (Public Access) Act (WOB) replaced the original law in 1991. (3) Under the Act, any person can demand information related to an administrative matter if it is contained in documents held by public authorities or companies carrying out work for a public authority. The authority has two weeks to respond. Recommendations of advisory committees must be made public within four weeks.

Information must be withheld if it would endanger the unity of the Crown, damage the security of the state or if it relates to information on companies and manufacturing processes that were provided in confidence. Information can also be withheld "if its importance does not outweigh" the imperatives of international relations and the economic or financial interest of the state. Nondisclosure is also allowed if the release of the information would endanger the investigation of criminal offenses, inspections by public authorities, personal privacy and the prevention of disproportionate advantage or disadvantage to a natural or legal person. In documents created for internal consultation, personal opinions shall not be disclosed except in anonymous form when it is "in the interests of effective democratic governance." Environmental information has limited exemptions.

Appeals can be made to an administrative court which has the final decision. The Courts hear an estimated 150 cases each year.

Individuals can obtain and correct personal information held about them by public and private bodies under the Personal Data Protection Act. (4) It is overseen and enforced by the Data Protection Authority (CBP). (5)

The Archives Act requires that, documents are sent to the national and regional archives after 20 years. National security related documents can be kept closed for 75 years.

The Netherlands signed the Aarhus Convention in June 1998. A bill is currently pending in the Parliament to implement it. The WOB was amended in 1998 following an opinion by the European Commission that the legislation did not fully implement the EU 90/313/EEC Directive on Access to Environmental Information. (6)

Notes

1. Constitution of the Netherlands, 1983. http://www.oefre.unibe.ch/law/icl/nl00000_.html

2. http://www.uni-kassel.de/~dippel/rmc_web/constitutions/NL-00-1795-01-31/_menu/const_tran.htm

3. Act of 31 October 1991, containing regulations governing public access to government information. http://www.minbzk.nl/contents/pages/5306/public_access_government_info_10-91.pdf. It replaced the Act on Public Access to Information of 9 November 1978.

4. Personal Data Protection Act of 2000. http://www.justitie.nl/english/Images/wettekstwbpuk_tcm75-28678.pdf

5. Homepage: http://www.dutchdpa.nl/

6. Wet van 12 maart 1998 tot wijziging van de Wet openbaarheid van bestuur in verband met de implementatie van de richtlijn nr. 90/313/EEG van de Raad van de Europese Gemeenschappen van 7 juni 1990 inzake de vrije toegang tot milieuinformatie, Stb. 180.