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Access to Personal Data and the Right to Good Governance during Asylum Procedures after the cjeu’s YS. and M. and S. judgment (C-141/12 and C-372/12)

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In the YS. and M. and S. judgment, the Court of Justice of the European Union ruled on three procedures in which Dutch judges asked for clarification on the right of asylum seekers to have access to the documents regarding the decision on asylum applications. The judgment is relevant for interpreting the concept of personal data and the scope of the right of access under the Data Protection Directive, and the right to good administration in the eu Charter of Fundamental Rights. At first glance, the judgment seems disappointing from the viewpoint of individual rights. Nevertheless, in our view the judgment provides sufficient grounds for effective access rights to the minutes in future asylum cases.

Affiliations: 1: Section Migration Law, Faculty of Law, VU University AmsterdamDe Boelelaan 1105, 1081 hv AmsterdamThe Netherlands; 2: Institute for Information Law (IViR), University of AmsterdamKorte Spinhuissteeg 3, 1012 cx AmsterdamThe Netherlands

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/content/journals/10.1163/15718166-12342080
2015-06-24
2017-11-18

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