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InfoLawUpdate - Europe finds legal analysis of entitlement is not personal data

Burnetts' information law solicitor Natalie Ruane highlights a case concerning personal data.

The European Court of Justice has issued a preliminary ruling to the Netherlands that a legal analysis of whether an individual was entitled to lawful residence, contained in an internal administrative document, is not personal data. Subject access was not granted to that part of the document. The ECJ found that there was no doubt that the data relating to the applicant for a residence permit, contained in the document (and where relevant, the legal analysis underpinning it) such as the applicant's name, date of birth, nationality, gender, ethnicity, religion and language are information relating to that person and must be considered to be personal data.

However it is sufficient for the applicant to be provided with a full and comprehensive summary of all of those data in an intelligible form and not necessarily the actual document itself. The Data Protection Directive leaves it to member states to determine the actual material form that the communication must take, so long as it is intelligible.

About the author

Natalie Ruane profile photo

Natalie Ruane

Natalie is a Partner and leads the Employment Law & HR team and specialises in education.

Published: Thursday 7th August 2014
Categorised: Information Law

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