the Mayor of Zwolle – Court Ruling (Netherlands, 2026)

A data subject requested access to personal data processed about him, contained in an advice report from t[https://www.riec.nl/site/binaries/site-content/collections/documents/2014/01/01/corporate-brochure-riec-liec-engels/Corporate+brochure+Engels.pdf he Regional Information and Expertise Center (RIEC)], related to his application for a liquor and hospitality license. The RIEC report was prepared as part of a Bibob investigation (a Dutch law for integrity assessments in public administration) into the legality of the business transfer and financial flows. The Mayor (the controller) rejected the request under Article 15(4) GDPR, Article 23(1)(i) GDPR, and Article 41 GDPR, claiming that restricting access was necessary and proportionate to protect the rights and freedoms of others, including the Mayor himself, and that the RIEC report fell under the confidentiality obligation in Article 28 of the [https://www.justis.nl/sites/default/files/2022-10/Factsheet%20The%20Dutch%20Bibob%20Act.pdf Bibob Act.] The data subject filed an objection to this refusal, which the Mayor declared unfounded and maintained the refusal. The data subject subsequently appealed the decision to the District Court Overijssel. The court dismissed the appeal, holding that the controller lawfully refused access to the personal data in the RIEC report. The court found that the report was part of a [https://www.justis.nl/sites/default/files/2022-10/Factsheet%20The%20Dutch%20Bibob%20Act.pdf Bibob] investigation and therefore subject to the confidentiality obligations under [https://www.justis.nl/sites/default/files/2022-10/Factsheet%20The%20Dutch%20Bibob%20Act.pdf Article 28 of the Bibob Act,] which preclude disclosure except in limited circumstances that did not apply here. Also, the court confirmed that restricting access was necessary and proportionate to protect the rights and freedoms of others, including the Mayor and the RIEC, as permitted under Article 15(4) GDPR, Article 23(1)(i) GDPR, a