Annual Report on Information Requests (NL0061)

Brief Description of the Commitment

Starting from 2023, the handling of information requests within the Dutch central government will be reported annually in the Central Government Annual Report on Operational Management (Jaarrapportage Bedrijfsvoering Rijk or JBR).

Problem Definition

1. What problem does the commitment aim to address? • On May 1, 2022, the Public Access Act (Wob) was replaced by the Open Government Act (Woo). This new law represents a significant step towards a more open government. The Woo enhances access to government information, promotes proactive disclosure, and updates the rules regarding transparency and openness. An important component of the Woo is that anyone can request a public authority to disclose information. • The government body is required to make a decision on the disclosure of information within six (4+2) weeks. The data shows that Woo requesters are often not provided with the requested information in a timely manner, and despite their efforts, ministries face challenges in implementing the Woo. • Both government organizations and civil society organizations have indicated to the Ministry of the Interior and Kingdom Relations (BZK) that the processing times for Woo requests are too long. The legally prescribed deadlines are often not met. The exact figures were unknown for some time. • It was not known which ministries received how many requests, how many of them resulted in a decision within the prescribed timeframe, and how many penalty payments (in terms of quantity and amount) were incurred and paid. This information will now be made transparent and openly accessible for each ministry.

2. What are the causes of the problem? • Ministries are working on responding to Woo requests, but there was no comprehensive overview of the processing times for Woo requests across the government. - There was no overview of the status of processing times for Woo requests at different ministries. - Due to the lack of centralized coordination and sharing of data between ministries, concrete figures were not transparent and proactively published.

Commitment Description

1. What has been done so far to solve the problem? • An inquiry was made once to the ministries regarding the judicial rulings on Woo requests. These rulings were shared with the parliament. However, this did not provide the necessary transparency to have an overview for monitoring purposes over the years.

2. What solution are you proposing? • In order to create a comprehensive overview of the processing times of Woo requests at ministries, the Ministry of the Interior and Kingdom Relations (BZK) will annually report on the processing times of information requests. Through this annual report, it is ensured that the information from all ministries is collected centrally at the Ministry of BZK and can be shared with all Dutch citizens. Therefore, starting from 2023, the information regarding Woo requests will be included in the Central Government Annual Report on Operational Management (JBR). • The report will not only cover the processing times of Woo requests but also provide insights into the frequency with which the court declares an appeal (partially) substantiated or unsubstantiated, and the amount (penalties) the government spends annually as a result of court rulings on delayed handling of Woo requests and its development over the years.

3. What results do we want to achieve by implementing this commitment? • The output is a list of information for the JBR in which we report the following for each ministry: - The amount of Woo decisions within or outside the statutory processing time. - The number of substantive objections and appeals. - The number of decisions in which penalty payments were forfeited due to late decision-making and corresponding amounts forfeited and paid. • The central government considers transparency and openness very important. Also when it comes to its own results and performance. In this way, transparency is improved

Commitment Analysis

1. How will the commitment promote transparency? Until now, Woo request processing times have not been reported frequently. By reporting Woo requests annually, everyone can see how Woo requests are processed. This will make the government more transparent.

2. How will the commitment help foster accountability? The annual report provides insight into the processing times of Woo requests by ministries. The report also provides insight into the progress of the various ministries in handling Woo requests and they can be held accountable for this. Ministries that do process Woo requests within the legal deadlines can share best practices. Because everyone can see annually whether processing times have accelerated or slowed in the previous year, residents can more easily check how implementation is going.

3. How will the commitment improve citizen participation in defining, implementing, and monitoring solutions? Proactive disclosure of information allows residents to obtain figures on the processing of Woo requests at various ministries.

Commitment Planning (Milestones | Expected Outputs | Expected Completion Date)

Starting in May 2023, the JBR will report annually on the processing times of Woo requests at ministries. | Report on: • Number of Woo decisions within or outside the statutory processing period. • The number of substantive objections and appeals. • The number of decisions in which penalty payments were forfeited due to late decisionmaking and corresponding amounts forfeited and paid. | May 2023