The Netherlands have a long history of freedom of information which before the adoption of first freedom of information law was mainly based on legal traditions rather than detailed legislative regulation. Article 111 of The Netherlands Constitution provides that “[i]n the exercise of their duties government bodies shall observe the principles of transparency in accordance with the rules to be prescribed by Act of Parliament”.

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The Netherlands have a long history of freedom of information which before the adoption of first freedom of information law was mainly based on legal traditions rather than detailed legislative regulation. Article 111 of The Netherlands Constitution provides that “[i]n the exercise of their duties government bodies shall observe the principles of transparency in accordance with the rules to be prescribed by Act of Parliament”. Another historically important legal act of the Netherlands is the Declaration of Right of Man which provides that “every one has the right to concur in requiring, from each functionary of public administration, an account and justification on his conduct”. These general principles were governing the practice of the access to information before the adoption of Act on Public Access to Information of 1978, which in 1991 was replaced by Government Information (Public Access) Act.

In Netherlands the scope of regulation of the Government Information Act is limited to administrative authorities: national government, administrative authorities of provinces and municipal bodies, as well as water boards and regulatory industrial organizations. There is no a separate supervisory body for overseeing implementation of freedom of information legislation under the law: appeals regarding officials’ refusals to provide information can be made internally or to an administrative court.

The law prohibits disclosure of information which is likely to endanger the unity of Crown, to threaten national security, as well as data provided to government in confidence by companies and individuals. Access to information held by the government may also be subject to limitation where it includes personal data, information about criminal investigations and administrative inspections, economic or financial interest of the State, as well as where it is important that the addressee be the first to note the information. Information containing personal data is separately regulated by the Personal Data Protection Act. In the Netherlands, detailed legislation is in place concerning the collection, storage, processing and export of personal data, which overseen by Data Protection Authority.

Analysis provided by David Sandukhchyan, Director, Internews Armenia Center for Information Law and Policy, OSCE/ODIHR consultant.

Posted: February 2007

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