Businesses that process IP addresses should take note, as their business activities could be adversely affected by EU data protection law if the CJEU follows the Advocate General’s Opinion." IP addresses as personal data - the CJEU's judgment in C-582/14 Breyer. Marcin Kotula, Legal Officer at the European Commission The views expressed are purely those of the author and may not in any circumstances be regarded as stating an official position of the European Commission Background In the Breyer case the CJEU was asked by the German Supreme Court (Bundesgerichtshof) if dynamic IP addresses are personal data within the meaning of the EU Data Protection Directive and to what extent they can be stored and processed to ensure the general operability of websites.
Mr Breyer, the applicant in this case, is a German politician and privacy activist. He visited various websites of the German federal institutions. La Cour de cassation tranche, elle aussi, sur l’adresse IP… et c’est lourd de conséquences. Les Faits Cass.
Civ. 1, 3 novembre 2016, n°15-22.595 Trois sociétés d’un même groupe ont constaté la connexion sur leur réseau informatique interne d’ordinateurs extérieurs au groupe. Cette connexion était effectuée au moyen de codes d’accès réservé aux administrateurs d’un site internet du groupe. Cour de cassation, 1ère ch. civ., arrêt du 3 novembre 2016.
Lundi 07 novembre 2016 Cour de cassation, 1ère ch. civ., arrêt du 3 novembre 2016 Cabinet Peterson / Groupe Logisneuf et autres adresse IP - collecte - conservation - déclaration à la Cnil - données personnelles - loi informatique et libertés - ordonnance sur requête - rétractation - traitement automatisé de données à caractère personnel DECISIONPar ces motifs et sans qu’il y ait lieu de statuer sur les autres branches du troisième moyen : CASSE ET ANNULE, en toutes ses dispositions, l’arrêt rendu le 28 avril 2015, entre les parties, par la cour d’appel de Rennes ;Président : Mme BatutRapporteur : Mme Canas, conseiller référendaire rapporteurAvocat général : M.
Ingall-MontagnierAvocats : SCP Waquet, Farge et Hazan. ECJ Ryneš ruling implies IP addresses are personal data in themselves - Hawktalk. What better way to spend Data Protection Day (yesterday) than having a light-bulb moment; this is especially the case as, at my age, light bulbs tend to go in a different direction.
My thoughts on IP addresses were triggered by the Ryneš ECJ case (domestic purposes exemption does not apply to surveillance of public places from a domestically installed CCTV). I think the Ryneš case strengthens the argument that an IP address is personal data in many instances. If I am correct, the UK’s Data Protection Act definition of "personal data" is definitely a deficient implementation of the personal data definition in Directive 95/46/EC, In addition, the right to object to marketing to search engines (and perhaps apps on smartphones) follows automatically. Identifying the data subject In the ECJ judgments of Google Spain and Ryneš (see references), it was “deft” analysis of the Recitals of the Directive 95/46/EC that helped the Court come to its conclusions. Documents. Language of document : ECLI:EU:C:2014:2428 JUDGMENT OF THE COURT (Fourth Chamber) (Reference for a preliminary ruling — Directive 95/46/EC — Protection of individuals — Processing of personal data — Concept of ‘in the course of a purely personal or household activity’) In Case C‑212/13, REQUEST for a preliminary ruling under Article 267 TFEU from the Nejvyšší správní soud (Czech Republic), made by decision of 20 March 2013, received at the Court on 19 April 2013, in the proceedings František Ryneš v Úřad pro ochranu osobních údajů,
Documents. Language of document : ECLI:EU:C:2011:771 JUDGMENT OF THE COURT (Third Chamber) (Information society – Copyright – Internet – ‘Peer-to-peer’ software – Internet service providers – Installation of a system for filtering electronic communications in order to prevent file sharing which infringes copyright – No general obligation to monitor information transmitted) In Case C‑70/10, REFERENCE for a preliminary ruling under Article 267 TFEU from the cour d’appel de Bruxelles (Belgium), made by decision of 28 January 2010, received at the Court on 5 February 2010, in the proceedings Scarlet Extended SA v Société belge des auteurs, compositeurs et éditeurs SCRL (SABAM), intervening parties: Belgian Entertainment Association Video ASBL (BEA Video), Belgian Entertainment Association Music ASBL (BEA Music),
Wp136 en. CJEU Judgement: Dynamic IP Addresses Constitute Personal Data - Data Protection Report. On October 19, 2016, the Court of Justice of the European Union (CJEU) decided that the dynamic IP address of a website visitor is “personal data” under Directive 95/46EC (Data Protection Directive) in the hands of a website operator that has the means to compel an internet service provider to identify an individual based on the IP address.
The case was brought by Patrick Breyer, a German Pirate Party politician. Breyer asserted that the German government’s storage of IP addresses of users visiting German government websites allowed the creation of user profiles and, therefore, was impermissible under Section 15 of the German Telemedia Act (TMA). In relevant part, the TMA restricts telemedia service providers’ collection and use of users’ personal data except to the extent “necessary to enable and invoice the use of telemedia (data on usage)”. The CJEU sided with Breyer. Our Take Special thanks to Thorben Schlaefer for contributing to this post.
Your dynamic IP address is now protected personal data under EU law. Europe's top court has ruled that dynamic IP addresses can constitute "personal data," just like static IP addresses, affording them some protection under EU law against being collected and stored by websites.
But the Court of Justice of the European Union (CJEU) also said in its judgment on Wednesday that one legitimate reason for a site operator to store them is "to protect itself against cyberattacks. " The case was referred to the CJEU by the German Federal Court of Justice, after an action brought by German Pirate Party politician Patrick Breyer. He asked the courts to grant an injunction to prevent websites that he consults, run by federal German bodies, from collecting and storing his dynamic IP addresses.
Breyer's fear is that doing so would allow the German authorities to build up a picture of his interests, according to the Austrian newspaper der Standard. Osborne Clarke – an International Legal Practice: European Court rules website and app operators must treat dynamic IP addresses as personal data: what this means in practice. Dynamic IP addresses collected or processed by website and app operators will now need to be treated as personal data.
We discuss the material implications of today's ruling of the European Court of Justice (ECJ) in the case of Patrick Breyer v Bundesrepublik Deutschland (C-582/14). Background The case arose when privacy activist Patrick Breyer sought an injunction against the German government to prevent it from storing dynamic IP addresses when certain German government websites were visited. A dynamic IP address is a string of numbers temporarily assigned by an Internet Service Provider (ISP) to an individual computer or other device when it connects to the internet, and changed when a subsequent connection is made. The case was dismissed at first instance, but upheld in part on appeal. #ECJ rules a website can retain certain personal data of its visitors to protect against cyberattacks. Cp160112en. IP Address Is Personal Data: ECJ Advocate General. By Michael Scaturro May 12 — A European Court of Justice (ECJ) Advocate General proposed May 12 that Internet protocol (IP) addresses are personal data protected by European Union data protection laws, but companies like Google Inc. and Amazon.com Inc. can continue to collect such data to prevent attacks on their systems.
The ECJ must still rule on the matter, but the opinion written by Advocate General Manuel Campos Sánchez-Bordona would give courts in EU member states the right to weigh in on whether companies’ metadata collection practices align with applicable EU laws. “The fact that it might be difficult to combine different data sets to identify a user by his or her IP address doesn’t mean that this doesn’t present a danger to the user,” Sánchez-Bordona wrote.
Bloomberg Law®, an integrated legal research and business intelligence solution, combines trusted news and analysis with cutting-edge technology to provide legal professionals tools to be proactive advisors. Complicated Issue. Detaillierte Angaben. Sammlung der Rechtsprechung Information nicht verfügbar Gegenstand. Daten-Speicherung.de – minimum data, maximum privacy » EU-Grundsatzprozess: Streit um das deutsche Verbot der Surfprotokollierung. Der Europäische Gerichtshof (EuGH) in Luxemburg verhandelte am heutigen Donnerstag über die Klage des Piratenpolitikers und Datenschützers Patrick Breyer gegen die Bundesregierung (Az. C-582/14). Klägeranwalt Meinhard Starostik und EU-Kommission diskutierten eine Stunde lang mit Richtern und Generalanwalt, ob Anbieter von Internetportalen flächendeckend auf Vorrat speichern dürfen, wer was im Internet liest, schreibt oder sucht, oder ob Internetnutzer ein Recht auf anonyme und nicht nachverfolgbare Internetnutzung haben.
Can a dynamic IP address constitute personal data? - Privacy, Security and Information Law Fieldfisher. The Advocate General ("AG") thinks so, at least in relation to the recent case it considered regarding the storing by website providers of IP addresses in connection with access to their websites. This adds further food for thought to previous case law from the CJEU and opinions from the Article 29 Working Party on whether static and/or dynamic IP addresses should be considered to be personal data. Who holds what? In the AG's opinion (Breyer v Bundesrepublik Deutschland, Case C-582/14, 12 May 2016) the AG stated that if: EU Advocate General Considers Dynamic IP Addresses To Be Personal Data.
On May 12, 2016, EU Advocate General (“AG”) Manuel Campus Sanchez-Bordona issued an Opinion in Case C-582/14 Patrick Breyer v Germany, which is pending before the EU’s highest court (the Court of Justice). The Court is not legally bound by this Opinion, but in practice often follows the opinions of its Advocate Generals in its rulings. See here for the German language version; an English version is awaited. Osborne Clarke – an International Legal Practice: European Court rules website and app operators must treat dynamic IP addresses as personal data: what this means in practice. IP Address / Privacy. IP addresses subject to Personal Data Regulation. IP addresses and the Data Protection Act. An IP address in isolation is not personal data under the Data Protection Act, according to the Information Commissioner. But an IP address can become personal data when combined with other information or when used to build a profile of an individual, even if that individual's name is unknown.
What is an IP address? Computers and other devices that are connected to the internet are assigned unique identifiers known as Internet Protocol (IP) addresses to identify and communicate with each other. The internet's authority for names and numbers is ICANN, based in California. It delegates authority for the management and creation of IP addresses to a body called the Internet Assigned Numbers Authority (IANA). The most common type of IP address is displayed as four numbers between zero and 255, e.g. 22.214.171.124. ECJ Confirms That IP Addresses Are Personal Data - Intellectual Property - European Union. Check to state you have read and agree to our Terms and Conditions Terms & Conditions and Privacy Statement Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use.
Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason. Use of www.mondaq.com. IP Addresses Are Personal Data, E.U. Regulator Says. BRUSSELS -- IP addresses, strings of numbers that identify computers on the Internet, should generally be regarded as personal information, the head of the European Union's group of data privacy regulators said Monday.
Germany's data-protection commissioner, Peter Scharr, leads the E.U. group, which is preparing a report on how well the privacy policies of Internet search engines operated by Google, Yahoo, Microsoft and others comply with E.U. privacy law. Scharr told a European Parliament hearing on online data protection that when someone is identified by an IP, or Internet protocol, address, "then it has to be regarded as personal data. " His view differs from that of Google, which insists an IP address merely identifies the location of a computer, not who the individual user is. Are Dynamic IP Addresses "Personal Data"? German Federal Court of Justice seeks advice from the European Court of Justice. White & Case LLP International Law Firm, Global Law Practice. White & Case Technology Newsflash In an ongoing case before the Court of Justice of the European Union ("CJEU"), the Advocate General has issued his Opinion stating that, under certain circumstances, dynamic IP addresses can be "personal data".
Businesses that process IP addresses should take note, as their business activities could be adversely affected by EU data protection law if the CJEU follows the Advocate General’s Opinion. On 12 May 2016, Advocate General Campos Sanchez-Bordona (the "AG") issued an Opinion in Case 582/14 – Patrick Breyer v Germany. The Opinion, which is a standard stage of the CJEU’s judicial process, is not yet available in English. The CJEU is not bound to follow the AG’s Opinion, although it often does so. The AG's Opinion is significant from a business perspective because, if the CJEU follows the AG’s Opinion, businesses will need to ensure that the collection and further processing of dynamic IP addresses is compliant with EU data protection law.
Court Says IP Addresses Aren't Personally Identifiable ... CJEU Advocate General Opinion: Dynamic IP Addresses are Personal Data; Member States cannot limit processing permitted by the Data Protection Directive - Data Protection Report. On May 12, 2016, the Court of Justice of the European Union’s (CJEU) Advocate General, Campos Sánchez-Bordona, published his opinion on a question referred to the CJEU for a preliminary ruling.