MINISTER VOOR IMMIGRATIE V. M, 17.7.2014 (“Minister v. M”)

Personal data: The data relating to the applicant for a residence permit included in the minute (applicant’s name, DOB, nationality, gender, ethnicity, religion and language) constitute personal data. The legal analysis in the minute may contain personal data but it does not in itself constitute such data. The legal analysis is not information relating to the applicant, but at most, in so far as not limited to a purely abstract interpretation of the law, is information about the assessment and application by the competent authority of that law to the applicant’s situation. (¶¶ 34,38-41)

Although all interested parties who adopted a view on this point consider that the data relating to the applicant for a residence permit included in the minute correspond to the concept of ‘personal data’ and propose, consequently, that a positive reply be given to the first question in Case C‑141/12, opinions differ in relation to the legal analysis in that administrative document, which is the subject of the second question in that case and the fifth question in Case C‑372/12.

There is no doubt that the data relating to the applicant for a residence permit and contained in a minute, such as the applicant’s name, date of birth, nationality, gender, ethnicity, religion and language, are information relating to that natural person, who is identified in that minute in particular by his name, and must consequently be considered to be ‘personal data’ (see, to that effect, inter alia the judgment in Huber, C‑524/06, EU:C:2008:724, paragraphs 31 and 43).

As regards, on the other hand, the legal analysis in a minute, it must be stated that, although it may contain personal data, it does not in itself constitute such data within the meaning of Article 2(a) of Directive 95/46.

As the Advocate General noted in essence in point 59 of her Opinion, and as the Netherlands, Czech and French Governments noted, such a legal analysis is not information relating to the applicant for a residence permit, but at most, in so far as it is not limited to a purely abstract interpretation of the law, is information about the assessment and application by the competent authority of that law to the applicant’s situation, that situation being established inter alia by means of the personal data relating to him which that authority has available to it.

That interpretation of the concept of ‘personal data’ for the purposes of Directive 95/46 not only follows from the wording of Article 2(a) but is also borne out by the objective and general scheme of that directive.