In May, SPOON hosted a thought-provoking salon for our ATI network exploring the Dutch access to information framework and the wider European movement for legal reform of access to information rights. The event brought together experts and advocates, including Liset Hamming and Tim Staal, co-founders and executive directors of SPOON, and Rachel Hanna, Executive Director of Access Info. Together, they discussed the state of transparency laws in the Netherlands, the country’s role in international access to information efforts, and how civil society can push for meaningful improvements.

Setting the Scene: A New Law, a New Opportunity

The Netherlands introduced a new freedom of information law—the Wet Open Overheid (WOO)—in May 2022, replacing the previous legislation from the 1980s. SPOON was founded just months later in October 2022 to help journalists, NGOs, and citizens navigate the new law, and to advocate for better implementation and reform where needed.

According to Liset and Tim, the Netherlands has seen a surge of interest in FOI requests since the WOO was introduced, particularly among journalists. Many media reports now begin by explicitly citing information obtained through WOO requests. Yet while the new law looks strong on paper, SPOON’s work quickly revealed ongoing challenges with how it functions in practice.

Partnering for Impact: The Role of Access Info

SPOON’s partnership with Access Info has been key to its strategy. Rachel Hanna opened the salon by explaining how Access Info uses a standard methodology—based on the Tromsø Convention and international right to information (RTI) benchmarks—to assess the quality of transparency laws. This enables consistent evaluations across countries, scored out of 300 points.

Rachel outlined Access Info’s current comparative campaign across four countries—France, Greece, Moldova, and the Netherlands—each selected for its unique legal and political context. In the Netherlands, the existence of a new law presented both a challenge and an opportunity. Although the Dutch government has not signed the Tromsø Convention, the law mandates a review within six years—offering a window to influence improvements.

Legal Gaps and Practical Problems

Tim delved into the specifics of the Dutch system. While the Netherlands was once a global leader in transparency laws, it now lags behind in some respects. The new WOO law, despite its promise, remains nearly 80% identical to the old law. Key mechanisms such as a central document register and an independent information commissioner were left out—omissions that have become more apparent as implementation issues pile up.

The government in the Netherlands is talking about a 2027 refresh, which could be an opportunity for improvements, but there are concerns that calls for reform could backfire, leading to a narrowing rather than an expansion of rights—particularly given the current political climate of distrust and civil service resistance.

Tim highlighted how the lack of a central document register leads to overly broad requests from users, which in turn burden government departments. SPOON’s solution is to work closely with users to narrow and clarify their requests, helping to make the system work despite its flaws.

Bridging the Gap Between Law and Practice

A recurring theme was the tension between legal rights and practical realities. Rachel stressed that even a well-drafted law can fall short if poorly implemented. That’s why Access Info’s recommendations focus not just on alignment with the Tromsø Convention, but on the creation of tools and institutions—like an information commissioner—that can help bridge this gap.

In the Netherlands, judicial routes are available, but they are slow and burdensome. An ombudsperson can sometimes act more swiftly, but this depends heavily on the individual’s approach. An independent commissioner would offer faster and more consistent oversight.

Next Steps: Dialogue and Evaluation

Looking ahead, SPOON and Access Info are focused on fostering dialogue with government officials ahead of the WOO law’s formal evaluation. This includes creating a dedicated platform to engage civil servants in practical discussions on transparency, implementation challenges, and ways forward. A key goal is to ensure that civil society has a seat at the table when the law is reviewed—and to push for evidence-based, internationally-aligned improvements.

The salon highlighted a “perfect storm” moment: an emerging international consensus on best practices, a recently reformed national law, and a Dutch government that, while cautious, remains open to conversation. With the right approach, this moment could be the launchpad for meaningful reform—not just in the Netherlands, but as part of a broader European movement for open government.

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Photo by Paul Einerhand on Unsplash