Status Not cited by any decision here yet
Judgment
Full text
In those circumstances, the Rechtbank Middelburg decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling: ‘1. Are the data reproduced in the minute concerning the data subject and which relate to the data subject personal data within the meaning of Article 2(a) of [Directive 95/46]? 2. Does the legal analysis included in the minute constitute personal data within the meaning of the aforementioned provision? 3. If the Court of Justice confirms that the data described above are personal data, should the processor/government body grant access to those personal data pursuant to Article 12 of [Directive 95/46] and Article 8(2) of the Charter? 4. In that context, may the data subject rely directly on Article 41(2)(b) of the Charter, and if so, must the phrase “while respecting the legitimate interests of confidentiality [in decision-making]” included therein be interpreted in such a way that the right of access to the minute may be refused on that ground? 5. When the data subject requests access to the minute, should the processor/government body provide a copy of that document in order to do justice to the right of access?’