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 2026

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

Michael Conway, who joined Birketts after nearly two decades at an IP boutique, says he was intrigued by the challenge of joining a general practice firm
The private-equity-backed firm said hires from DLA Piper and Eversheds Sutherland will help it become the IP partner of choice for innovative businesses
The acquisition is expected to help Clorox bolster its position in the health and hygiene consumer products market
AIPPI, which has faced boycott threats over the 2027 World Congress, says it has a long-standing commitment to engagement and geographic rotation
The shortlist for our annual Americas Awards will be published next month, with potential winners in more than 90 categories set to be revealed
News of Nokia signing a licensing deal with a Chinese automaker and Linklaters appointing a new head of tech and IP were also among the top talking points
After five IP partners left the firm for White & Case, the IP market could yet see more laterals
The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Brantsandpatents is seeking to boost its expertise across key IP services in the Benelux region
Gift this article