Ease data privacy rules to protect copyright, CJEU told

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Ease data privacy rules to protect copyright, CJEU told

AdobeStock_359548463_Editorial_Use_Only (1).jpeg

A court adviser said copyright authorities must be able to access data linked to internet protocol addresses where necessary

An adviser to the Court of Justice of the EU said national copyright infringement investigators should be given greater access to personal data in an opinion published on Thursday, October 27.

Advocate general (AG) Maciej Szpunar concluded that EU privacy laws allowed for the retention of civil identity data, such as contact details linked to internet protocol addresses, when it was the only way of identifying alleged infringers.

If the opinion were adopted, it would be a significant shift from established CJEU case law, which has so far limited identification via internet protocol addresses to instances of serious crime and threats to public safety.

The AG issued the non-binding opinion in response to a challenge brought by four civil liberty groups against a 2010 decree from the French government.

The decree allowed France’s Regulatory Authority for Audiovisual and Digital Communication, formerly known as HADOPI, access to civil identity data.

The retention of such data should be time-limited and subject to the principle of proportionality, as required by the EU’s Charter of Fundamental Rights, Szpunar wrote.

Szpunar said the CJEU’s previous position left national governments unable to use the only means of investigating some online copyright infringements.

“That would lead to de facto systemic impunity for offences committed exclusively online, not just infringements of intellectual property rights.

“Short of accepting that a whole range of criminal offences may evade prosecution entirely, I take the view that the balance between the different interests at stake should be examined afresh,” Szpunar wrote.

According to the CJEU, judges have begun to consider the case.

The CJEU is not duty-bound to follow AG opinions but does so in many instances.

more from across site and SHARED ros bottom lb

More from across our site

A team from Addleshaw Goddard secured victory for the changing robe brand, following a trial against competitor D-Robe
Bird & Bird, Brinkhof and Bardehle Pagenberg were successful at the Court of Appeal, while there was a partial victory for Amazon in a case concerning audio recordings
Following the anniversary of Venner Shipley and AA Thornton's merger, Ian Gill recalls the initial trepidation about working for his spouse and offers tips for those who may find their personal and professional worlds colliding
Two partners have departed DLA Piper to join Squire Patton Boggs and Blank Rome in San Francisco and Chicago, respectively
Practitioners say a 32% rise in court fees is somewhat expected to maintain the UPC’s strong start, but some warn that SME clients could be squeezed out
Swati Sharma and Revanta Mathur at Cyril Amarchand Mangaldas explain how they overcame IP office objections to secure victory for a tyre manufacturer
Claudiu Feraru, founder of Feraru IP, discusses the benefits of a varied IP practice and why junior practitioners should learn from every case
In the ninth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP & ME, a community focused on ethnic minority IP professionals
Firms that made strategic PTAB hires say that insider expertise is becoming more valuable in the wake of USPTO changes
Aled Richards-Jones, a litigator and qualified barrister, is the fourth partner to join the firm’s growing patent litigation team this year
Gift this article