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)

In: European Journal of Migration and Law
Evelien Brouwer * Corresponding author, e-mail:
Section Migration Law, Faculty of Law, VU University Amsterdam De Boelelaan 1105, 1081 hv Amsterdam The Netherlands

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Frederik Zuiderveen Borgesius Institute for Information Law (IViR), University of Amsterdam Korte Spinhuissteeg 3, 1012 cx Amsterdam The Netherlands

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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.

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