The Bottom Line
- You Can Block Disclosure: Companies can successfully obtain a court order to temporarily halt the release of their sensitive information under the Dutch Freedom of Information Act (Woo), even after a government body has approved the disclosure.
- Irreversible Harm is Key: The court prioritized preventing the irreversible harm of public disclosure, ruling that a company’s right to a full legal review of the decision must be protected first.
- Strategic Delay is a Viable Tactic: Filing for a preliminary injunction is an effective legal strategy to suspend a disclosure decision. This provides critical time to build a more substantive case in the main objection procedure without the information becoming public in the interim.
The Details
This case began when an individual filed a freedom of information request with the municipality of Zwijndrecht. The request targeted all correspondence and documents between the municipality and two private entities—a legal consultancy (PKLC B.V.) and a foundation (Johan van Oldenbarneveltstichting). The request specifically sought information related to the entities’ role in advising both the municipality and private citizens, hinting at a potential conflict of interest. After reviewing the request, the municipality decided to release seventeen documents, some partially redacted. The two companies immediately objected and sought an emergency injunction to stop the publication.
The District Court of Rotterdam was faced with a classic balancing act: the public’s interest in government transparency versus the companies’ interest in protecting their information and ensuring their legal challenge would be meaningful. The central argument hinged on the irreversible nature of public disclosure. The court acknowledged that once the documents were released, the damage would be done. Any subsequent victory for the companies in their main objection procedure would be hollow, as the information they sought to protect would already be in the public domain.
In its ruling, the court sided with the companies, finding their interest in a fair and effective legal process to be the most compelling at this stage. While the individual who requested the documents argued for their immediate release to support her own legal proceedings, the court deemed this an insufficient reason to shortcut the established objection process. Consequently, the judge granted the preliminary injunction, suspending the municipality’s decision to publish. The documents will now remain confidential until at least two weeks after the municipality has made a final decision on the companies’ full objection.
Source
Rechtbank Rotterdam
