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 a
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References
- Art. 2
- Peter Nowak v Data Protection Commissioner
- Fashion ID GmbH & Co. KG v Verbraucherzentrale NRW eV
- Peter Nowak v Data Protection Commissioner
- Judgment of the Court (First Chamber) of 12 January 2023.#RW v Österreichische Post AG.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 15(1)(c) – Data subject’s right of access to his or her data – Information about the recipients or categories of recipient to whom the personal data have been or will be disclosed – Restrictions.#C
- Judgment of the Court (Second Chamber) of 27 September 2017.#Peter Puškár v Finančné riaditeľstvo Slovenskej republiky and Kriminálny úrad finančnej správy.#Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky.#Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Articles 7, 8 and 47 — Directive 95/46/EC — Articles 1, 7 and 13 — Processing of personal data — Article 4(3) TEU — Drawing up of a list of personal data — Subject matter — Ta
Cited by
- SMARANDA BARA ET AL. V. PRESEDINTELE CASEI NATIONALE DE ASIGURARI DE SANATATE (CNAS) ET AL., 1.10.2015 (“BARA”)
- SMARANDA BARA ET AL. V. PRESEDINTELE CASEI NATIONALE DE ASIGURARI DE SANATATE (CNAS) ET AL., 1.10.2015 (“BARA”)
- MINISTER VOOR IMMIGRATIE V. M, 17.7.2014 (“Minister v. M”)
- WORTEN-EQUIPAMENTOS PARA O LAR SA V. ACT (AUTHORITY FOR WORKING CONDITIONS), 30.5.2013 (“WORTEN”)
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Full text 5 paragraphs
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.