Tuesday 24 May 2016

Case C-582/14, Breyer – seeing the logs from the trees in privacy law: EU Law Radar

Case C-582/14, Breyer – seeing the logs from the trees in privacy law | EU Law Radar: "The Advocate General’s Opinion is not yet available in English but my unofficial translation of his conclusion reads:

1. Pursuant to Article 2(a) of the Directive, a dynamic IP address with which a user has gained access to a website from a supplier of electronic media services constitutes personal data when an internet service provider has the supplementary details which, together with the dynamic IP address, make it possible to identify the user.

2. Article 7(f) of the Directive must therefore be interpreted to mean that the aim of guaranteeing the proper working of the electronic media service can in principle be considered to be a legitimate interest that justifies the processing of the aforementioned personal data providing that that interest prevails over the interest or the fundamental rights of the person concerned. A national provision which does not allow that legitimate interest to be taken into account is incompatible with that Article." 'via Blog this'

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