# C_2012303EN.01001802.xml

| 6.10.2012 | EN | Official Journal of the European Union | C 303/18 |
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6.10.2012

EN

Official Journal of the European Union

C 303/18

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Reference for a preliminary ruling from the Raad van State (Netherlands), lodged on 3 August 2012 — Minister voor Immigratie, Integratie en Asiel, other parties: M. and S.

(Case C-372/12)

2012/C 303/32

Language of the case: Dutch

Referring court

Referring court

Raad van State

Parties to the main proceedings

Parties to the main proceedings

Appellant: Minister voor Immigratie, Integratie en Asiel

Appellant:

Respondents: M. and S.

Respondents:

Questions referred

Questions referred

| 1. | Should the second indent of Article 12(a) of Directive 95/46/EC (1) 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 be interpreted to mean that there is a right to a copy of documents in which personal data have been processed, or is it sufficient if a full summary, in an intelligible form, of the personal data that have undergone processing in the documents concerned is provided? |
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1.

Should the second indent of Article 12(a) of Directive 95/46/EC (1) 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 be interpreted to mean that there is a right to a copy of documents in which personal data have been processed, or is it sufficient if a full summary, in an intelligible form, of the personal data that have undergone processing in the documents concerned is provided?

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| 2. | Should the words ‘right of access’ in Article 8(2) of the Charter of Fundamental Rights of the European Union (2) be interpreted to mean that there is a right to a copy of documents in which personal data have been processed, or is it sufficient if there is provision of a full summary, in an intelligible form, of the personal data that have undergone processing in the documents concerned within the meaning of the second indent of Article 12(a) of Directive 95/46/EC ...? |
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2.

Should the words ‘right of access’ in Article 8(2) of the Charter of Fundamental Rights of the European Union (2) be interpreted to mean that there is a right to a copy of documents in which personal data have been processed, or is it sufficient if there is provision of a full summary, in an intelligible form, of the personal data that have undergone processing in the documents concerned within the meaning of the second indent of Article 12(a) of Directive 95/46/EC ...?

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| 3. | Is Article 41(2)(b) of the Charter of Fundamental Rights of the European Union also addressed to the Member States of the European Union in so far as they are implementing European Union law within the meaning of Article 51(1) of that Charter? |
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3.

Is Article 41(2)(b) of the Charter of Fundamental Rights of the European Union also addressed to the Member States of the European Union in so far as they are implementing European Union law within the meaning of Article 51(1) of that Charter?

| 4. | Does the consequence that, as a result of the granting of access to ‘minutes’, the reasons why a particular decision is proposed are no longer recorded therein, which is not in the interests of the internal undisturbed exchange of views within the public authority concerned and of orderly decision-making, constitute a legitimate interest of confidentiality within the meaning of Article 41(2)(b) of the Charter of Fundamental Rights of the European Union? |
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4.

Does the consequence that, as a result of the granting of access to ‘minutes’, the reasons why a particular decision is proposed are no longer recorded therein, which is not in the interests of the internal undisturbed exchange of views within the public authority concerned and of orderly decision-making, constitute a legitimate interest of confidentiality within the meaning of Article 41(2)(b) of the Charter of Fundamental Rights of the European Union?

| 5. | Can a legal analysis, as set out in a ‘minute’, be regarded as personal data within the meaning of Article 2(a) of Directive 95/46/EC ...? |
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5.

Can a legal analysis, as set out in a ‘minute’, be regarded as personal data within the meaning of Article 2(a) of Directive 95/46/EC ...?

| 6. | Does the protection of the rights and freedoms of others, within the meaning of Article 13(1)(g) of Directive 95/46/EC ..., also cover the interest in an internal undisturbed exchange of views within the public authority concerned? If the answer to that is in the negative, can that interest then be covered by Article 13(1)(d) or (f) of that directive? |
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6.

Does the protection of the rights and freedoms of others, within the meaning of Article 13(1)(g) of Directive 95/46/EC ..., also cover the interest in an internal undisturbed exchange of views within the public authority concerned? If the answer to that is in the negative, can that interest then be covered by Article 13(1)(d) or (f) of that directive?

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(1)  OJ 1995 L 281, p. 31.

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(2)  OJ 2000 C 364, p. 1.

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