Request access to file? Get Help!
Questioner
Based on the data included in Article 7:454, Article 7:454 paragraph 2 and Article 7:455 of the Dutch Civil Code, as well as Article 11, Article 35 and Article 36 of the Personal Data Protection Act, I have requested a request for access to the file from an Appropriate Education Body and a Secondary Education Group. The request has now been firmly denied since June 1, after four requests to do so. I subsequently submitted a WOB request in July and September, with the second request an official notice of default. Now they suddenly do not understand the scope of the request and they do not want to make the requested data public. They want to convert my request into a conversation. That time is over. I want transparency and that the WOB request is complied with. This is not being done and I would like to continue from here. How do I set up the Penalty Payment and Appeal Act? And how can I bring this case before the subdistrict court?Lawyer
A government organisation must make a decision on your application within a set period. This period is called the decision period. For some applications, the decision period is set by law. Is there no legal period for your application? Then a 'reasonable period' applies. What is reasonable depends on the type of decision and how complicated the application or objection is. A reasonable period can vary from a few weeks to a few months. In any case, the government must make a decision within 8 weeks or announce a new decision period. After the notice of default, the government has 2 weeks to still make a decision. If this does not happen, the penalty will automatically start. You can also enforce a decision through the court by directly appealing. Unless, there is no decision present or has been made. During the conversation you can go through the file 'in your opinion', that is your right. You can also request a copy of what you have seen.Lawyer
The two organisations you mention are not known to me, so I cannot assess whether they can indeed be regarded as government organisations or as administrative bodies operating under the responsibility of government organisations specifically mentioned in the WOB. First and foremost, a WOB request can only be used against a. Our Ministers; b. the administrative bodies of provinces, municipalities, water boards and public-law business organisations; c. administrative bodies operating under the responsibility of the bodies referred to under a and b; d. other administrative bodies, unless otherwise provided by general administrative measure.' (Article 1a, paragraph 1 of the Government Information (Public Access) Act). The articles of the Civil Code that you used as a basis to effectuate your right of inspection only apply to medical files in relation to the medical treatment agreement. I suspect that in this case there is no medical file. It is crucial to determine the status of the person responsible for the file with the requested personal data. After all, if there is a party designated in art. 1, section 1 WOB, then the administrative court is competent and you can directly appeal yourself. However, if there is a private-law legal entity (which is also not referred to in art. 1, section 1 under c WOB), then a request must be submitted to the court. A lawyer is required for this. By the way, at the beginning of your story you state that you want 'inspection' and later you state that the other party wants a conversation. However, obtaining 'inspection' is only possible during a conversation. After all, you are not asking for a copy. If you have any further questions, please contact me directly.Neem de volgende stap
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