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European Observer on fundamental right's respect

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Case Law C-141/13, C-372/13 (16/07/2014)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/16/2014

Subject: The Court affirmed that the data, relating to an applicant for a residence permit contained in an administrative document, setting out the grounds that the case officer puts forward in support of the draft decision which he is responsible for drawing up, are ‘personal data’ within the meaning of Directive 95/46/EC. Moreover the Court affirmed that an applicant for a residence permit has a right of access to all personal data concerning him which are processed by the national administrative authorities. For that right to be complied with, it is sufficient that the applicant be in possession of a full summary of those data in an intelligible form, that is to say a form which allows that applicant to become aware of those data and to check that they are accurate and processed in compliance with that directive, so that he may, where relevant, exercise the rights conferred on him by that directive. However, the Court ruled that the applicant for a residence permit cannot rely on Article 41(2) of the Charter of Fundamental Rights of the European Union against the national authorities, because it is addressed not to the Member States but solely to the institutions, bodies, offices and agencies of the European Union.

Parties: YS c. Minister voor Immigratie, Integratie en Asiel e Minister voor Immigratie, Integratie en Asiel c. M. e S.

Classification: Freedoms - Art. 8 Personal data: access - Citizens’ rights - Art. 41 Right to good administration by the bodies of the union

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