Exceptions to open government
Article 10. The exceptions specified in articles 11, 13, 14 and 15 are explained in a restrictive way case by case. Furthermore, in the case of articles 11, 14 and 15 this is done taking into account of the public interest served by the making public.
The authorities referred to in article 4, §1, may refuse an application:
- if the application remains manifestly unreasonable or formulated in too general a manner after the authority has requested the reformulation of the first application, as referred to in article 18;
- if the application concerns administrative documents that are unfinished or incomplete.
Article 12. The exceptions specified in articles 13 to 15 apply without prejudice to any other exceptions specified by the law, the decree or the order on grounds related to the performance of the duties of the federal government, the community or the region.
Information not related to environmental matters
The authorities referred to in article 4 will reject an application to make public, insofar as it is not concerned with environmental information:
- if the making public prejudices an obligation to secrecy specified in a matter falling under the competence of the community or the region;
- if the making public prejudices the protection of individual privacy, unless the person concerned consents to the making public;
- if the making public prejudices the confidentiality of the deliberations of the Flemish Government and of the responsible bodies that depend from it, if it prejudices the confidentiality of the deliberations of the organs of the Flemish Parliament as well as the confidentiality specified by law or decree of the deliberations of the organs of the authorities referred to in article 4, §1, 3° to 10°;
- if the case concerns administrative documents that were compiled exclusively for criminal or administrative penalty proceedings;
- if the case concerns administrative documents compiled exclusively for the possible implementation of disciplinary measures, for as long as the possibility of a disciplinary measure continues;
- if the case concerns administrative documents that contain information provided by a third party without this party being compelled or obliged to do so, and which the said party has explicitly designated as confidential, unless this person consents to the making public.
The authorities referred to in article 4 will reject an application to make public, insofar as it is not concerned with environmental information, if they are of the opinion that the importance of making public does not outweigh the importance of protecting any one of the following interests:
- an economic, financial or commercial interest of one of the bodies referred to in article 4, §1;
- the confidential nature of the international relations of the Flemish Region or the Flemish Community and of the relations between the Flemish Region or the Flemish Community and the supranational bodies, with the federal government and with other communities and regions;
- the confidential nature of commercial and industrial information, when this information is protected to safeguard a legitimate economic interest, unless the party from whom the information originates agrees to the public nature thereof;
- the dispensation of justice in civil or administrative proceedings and the possibility to obtain a fair trial;
- the confidentiality of the actions of an authority insofar as this confidentiality is required for administrative enforcement, the performance of an internal audit or the political decision-making process;
- public order and safety
Article 15. Translation not available