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

As Marshall Gerstein celebrates its 70-year anniversary, Jeffrey Sharp, managing partner, reflects on lessons that shaped both his career and the firm’s success
News of two pharma deals involving Novo Nordisk and GSK and a loss for Open AI were also among the top talking points
Howard Hogan, IP partner at Gibson Dunn, says AI deepfakes are driving lawyers to rethink how IP protects creativity and innovation
Vivien Chan joins us for our ‘Women in IP’ series to discuss gender bias in the legal profession and why the business model followed by law firms leaves little room for women leaders
Partner Jeremy Hertzog explains how his team worked through a huge amount of disclosure from Adidas and what victory means for the firm
Evarist Kameja and Hadija Juma at Bowmans explain why a new law in Tanzania marks a significant shift in IP enforcement
In the wake of controversy surrounding Banksy’s recent London mural, AJ Park’s Thomas Huthwaite and Eloise Calder delve into the challenges street artists face in protecting their works and rights
Alex Levkin, founder of IPNote, discusses reshaping the filing industry through legal tech, and why practitioners’ advice should stretch beyond immediate legal needs
Cohausz & Florack, together with Krieger Mes & Graf von der Groeben, has taken action against Amazon on behalf of three VIA LA licensors
In the fourth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss unconscious bias in the IP workplace and how to address it
Gift this article