Transparency in Public Administration: A Right, Not a Privilege
June 3, 2025Author: Dana Kweekel
In a recent ruling by the Court of First Instance of Sint Maarten (ECLI:NL:OGEAM:2025:14), a fundamental principle of good governance was once again emphasized: the right of citizens and organizations to access government-held information. This case reminds us that transparency is not a favor granted by the government, but a legal right that public authorities are obliged to uphold and that individuals and legal entities can invoke.
The Essence of the Case
The case involved a request under the National Ordinance on Open Government (Landsverordening Openbaarheid van Bestuur - LOB). An organization requested copies of permits issued since October 10, 2010 under specific legislation. Instead of providing the actual documents, the public authority (Minister) merely issued a brief overview with limited information.
The Court was clear: the summary did not satisfy the request. The applicant was entitled to the actual documents, not just a simplified list. Moreover, the Minister had failed to properly justify its (partial) denial and had not carried out a thorough search for the relevant records. This meant the decision violated both the principle of due care and the duty to provide proper reasoning.
Openness as a Starting Point
The Court rightly emphasized that the LOB is founded on the principle of transparency. Anyone – regardless of their personal interest – may request information about public matters. Only if one of the specific exceptions under the ordinance applies can access be lawfully denied.
Although the Minister claimed that the requested documents might contain personal or sensitive business information, the Court rejected this argument. Permits issued to legal entities generally do not include personally identifiable information. And if any personal or sensitive data would be present, then it can easily be redacted. Therefore, the mere presence of such data does not justify withholding the entire document in such cases.
Why This Ruling Matters
This ruling reinforces a key point: public authorities must act transparently, and they can’t just hold back information based on vague justifications or because it’s inconvenient. Only through complete and honest information disclosure can government actions be properly monitored and evaluated.
At a time when public trust in government institutions is under pressure around the world, this decision highlights the importance of an open and accountable administration. Transparency is not only a tool for oversight – it is a cornerstone of the rule of law.
Conclusion
For citizens and organizations alike, this ruling is significant. It confirms that you have the right to request and receive government-held information – timely and in full. Authorities cannot suffice with vague summaries or blanket refusals. Transparency is the rule, not the exception.
Are you considering submitting a public information request, for example to assess or substantiate your legal position, or have you received a denial? Know that you do not have to settle for less than what the law guarantees. Public access to government information is a powerful tool for understanding, challenging, and improving public decision-making.
Need help drafting a request or contesting a refusal? Feel free to get in touch—we're here to help.
Dana Kweekel
sr. associate BZSE Attorneys at Law|Tax Lawyers
18 April 2025
Disclaimer:
This blog provides general information and is not intended as legal advice. BZSE strongly recommends seeking personalized legal advice based on your specific circumstances before making any decisions or taking action
More articles →
The Essence of the Case
The case involved a request under the National Ordinance on Open Government (Landsverordening Openbaarheid van Bestuur - LOB). An organization requested copies of permits issued since October 10, 2010 under specific legislation. Instead of providing the actual documents, the public authority (Minister) merely issued a brief overview with limited information.
The Court was clear: the summary did not satisfy the request. The applicant was entitled to the actual documents, not just a simplified list. Moreover, the Minister had failed to properly justify its (partial) denial and had not carried out a thorough search for the relevant records. This meant the decision violated both the principle of due care and the duty to provide proper reasoning.
Openness as a Starting Point
The Court rightly emphasized that the LOB is founded on the principle of transparency. Anyone – regardless of their personal interest – may request information about public matters. Only if one of the specific exceptions under the ordinance applies can access be lawfully denied.
Although the Minister claimed that the requested documents might contain personal or sensitive business information, the Court rejected this argument. Permits issued to legal entities generally do not include personally identifiable information. And if any personal or sensitive data would be present, then it can easily be redacted. Therefore, the mere presence of such data does not justify withholding the entire document in such cases.
Why This Ruling Matters
This ruling reinforces a key point: public authorities must act transparently, and they can’t just hold back information based on vague justifications or because it’s inconvenient. Only through complete and honest information disclosure can government actions be properly monitored and evaluated.
At a time when public trust in government institutions is under pressure around the world, this decision highlights the importance of an open and accountable administration. Transparency is not only a tool for oversight – it is a cornerstone of the rule of law.
Conclusion
For citizens and organizations alike, this ruling is significant. It confirms that you have the right to request and receive government-held information – timely and in full. Authorities cannot suffice with vague summaries or blanket refusals. Transparency is the rule, not the exception.
Are you considering submitting a public information request, for example to assess or substantiate your legal position, or have you received a denial? Know that you do not have to settle for less than what the law guarantees. Public access to government information is a powerful tool for understanding, challenging, and improving public decision-making.
Need help drafting a request or contesting a refusal? Feel free to get in touch—we're here to help.
Dana Kweekel
sr. associate BZSE Attorneys at Law|Tax Lawyers
18 April 2025
Disclaimer:
This blog provides general information and is not intended as legal advice. BZSE strongly recommends seeking personalized legal advice based on your specific circumstances before making any decisions or taking action
More articles →
