‘The name Sywert van Lienden was always painted off’

Hi Erik, the apps were essential for the investigation into De Jonge’s involvement in the mouth mask deal. How did you manage to figure it out?

‘According to the Government Information (Public Access) Act, which WOB stands for, everything that has to do with making or implementing policy can be wobbed as long as it is stored somewhere. It simply doesn’t matter whether that information is on paper, a video tape or, for example, a mobile phone.

‘In 2019, the Council of State decided that apps and text messages also fall under the WOB. Since then, journalists can also ask for apps and in principle you will receive them. They can be messages on both the work and private telephones of a civil servant or even a minister. As long as it has to do with government work, it’s fine.

In this case, our political reporter Frank Hendrickx received a tip from sources that a top official from the Ministry of Finance, who temporarily worked for Public Health due to the corona crisis, was very closely involved in the face mask deal. That is why I requested all information about this deal and communication, such as apps and text messages, from this top official from both ministries.’

And do you also receive the information you request?

‘In practice this is often a challenge. I submitted this conscious WOB request on May 31, 2021. And now, more than nine months later, the information is only arriving. That while a ministry is required by law to make a decision on the WOB request within two months.

Due to the corona crisis, the Ministry of Health has received a pile of requests. They say they can’t handle it. That is why they make information public by theme and leave specific requests on the shelf. That is very difficult for journalists, because the ministry sets the pace.

“You don’t want to bring the news from two years ago. If it takes too long, you can go to court, which can instruct the ministry to provide the information within a certain period of time. If that happens, a ministry will have to pay 100 euros for every day that they are late, which can go up to 15 thousand euros. In previous WOB requests, it has already reached that maximum. So ministries really let it get this far.’

To what extent is the privacy of civil servants guaranteed if their apps can also be requested?

‘I understand that civil servants find it scary, but the WOB stipulates very strictly which information may and which may not be made public. Names, telephone numbers, e-mail addresses of persons without a public function are being painted off. In fact, if you wob the receipt of a restaurant bill, they varnish the dishes. With that information you could find out someone’s diet.

‘If there are personal details, they stand out. The documents of this WOB request contained a WhatsApp conversation of the top official in which he sent messages about the death of a family member. I called the ministry and asked what their decision was to leave this alone. They had apparently submitted it and the official had no objection.

“Other than that, there were no personal details in the documents. The name of Sywert van Lienden was also always painted off. Of course you know it’s about his company, but according to the WOB he too has a right to privacy as a citizen.’

How transparent is the Dutch government actually compared to other countries?

‘The Netherlands is not doing so well internationally. We are certainly not a guide country when it comes to transparency. At least, if you compare the Netherlands with other democratic countries.

‘A good example is Sweden. I once attended a presentation by a Swedish journalist who, as an example, had requested the mailbox of the mayor of his city that morning. He received the information that same day. Also in England, for example, they are a lot more accommodating when it comes to sharing information than here.

‘In order to make the government more transparent here too, the Open Government Act (WOO ed.) has been adopted, which will come into effect on 1 May. The plan was initially ambitious, but in order to get the law through in the House, it has now been amended in such a way that it will hardly be an improvement.’