Official Journal of the European Union

C 157/3

(Case C-141/12)

2012/C 157/04

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Y.S.

Defendant: Minister voor Immmmigratie, Integratie en Asiel

Questions referred

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 the Privacy Directive? (1)

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 the Privacy Directive and Article 8(2) of the EU Charter? (2)

4.In that context, may the data subject rely directly on Article 41(2)(b) of the EU 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?

(1) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

(2) Charter of fundamental rights of the European Union (OJ 2000 C 364, p. 1).