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Determine balance between government confidentiality and citizens' right to information (NL0045)



Action Plan: Netherlands Action Plan 2020-2022

Action Plan Cycle: 2020

Status: Active


Lead Institution: Instituut Maatschappelijke Innovatie (IMI) (Institute for Social Innovation)

Support Institution(s): Other Actors Involved State actors involved Ministries, General Affairs (AZ), Internal Affairs (BZK), several others. CSOs, private sector, multilate rals, working groups NGO’s as Open State Foundation, several others.

Policy Areas

Access to Information, Public Participation, Right to Information

IRM Review

IRM Report: Netherlands Action Plan Review 2020-2022

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Pending IRM Review

Potential Impact: Pending IRM Review

Implementation i

Completion: Pending IRM Review


What is the public problem that the commitment will address?  There’s a tension between the so called ‘deliberative process privilege’ on the one hand whereby internal agency memorandums are not disclosed, and on the other hand the public call for more transparency on the arguments and scenario’s which are developed by civil servants.

What is the commitment?  Organizing a dialogue and a document with various actors about solving this tension.

How will the commitment contribute to solving the public problem?  Find a way to accommodate the need for confidential deliberations within government agencies and accommodate at the same time the public need for adequate information.  Organizing meetings with civil servants, FOIA experts, top civil servants and representatives of the civil society. 20

Why is this commitment relevant to OGP values?  The commitment will ideally lead to disclosing more information, improving the quality of the information disclosed, improving accessibility of information to the public, or enabling the right to information. The commitment is relevant to transparency.  The commitment is creating or improving opportunities, or capabilities for the public to inform or influence decisions. The commitment is creating or improving the enabling environment for civil society. The commitment is relevant to civic participation.

Additional information  Commitment budget made available by the Ministry of the Interior and Kingdom Relations: 20.000 euro.  Links to other government programs: Fits in the ambition of Wet open overheid (Woo)  Links to the National development plan or other sectoral / local plans: Meerjarenplan Informatiehuishouding (Multi-year information management plan). Milestone Activity with a verifiable deliverable Start Date: End Date: Meeting civil servants 1-1-2021 31-12-2021 Meeting FOIA experts 1-1-2021 31-12-2021 Meeting civil society 1-1-2021 31-12-2021 Meeting top civil servants 1-1-2022 31-12-2022 Document with new balance in Policy Intimacy 1-1-2021 31-12-2022


Open Government Partnership