Type: Opinions of Advocate General

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 07/18/2007

Subject: The Advocate General suggests to the Court to declare compatible with the community law that the Member States restrict to the criminal investigation or to the public security and national defence, excluding therefore the civil procedures, the duty to store and to make available the data on Internet connection and traffic. It would be necessary to modify the rules regarding the data protection if the Community were to consider more important protecting the titulars of intellectual property.

Parties: Productores de Música de España (Promusicae) c/ Telefónica de España SAU

Classification: Freedoms - Art. 8 Personal data: fairly processing - Personal data: consent - Art. 17 Intellectual property

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Notices: Effectiveness of the Charter
The Advocate General suggests to the Court to declare compatible with the community law that the Member States restrict to the criminal investigation or to the public security and national defence, excluding therefore the civil procedures, the duty to store and to make available the data on Internet connection and traffic. It would be necessary to modify the rules regarding the data protection if the Community were to consider more important protecting the titulars of intellectual property.