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Case Law C- 461/10 (19/04/2012)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 04/19/2012

Subject: The Court affirmed that Directive 2006/24 does not preclude the application of national legislation which, in order to identify an internet subscriber or user, permits an internet service provider in civil proceedings to be ordered to give a copyright holder or its representative information on the subscriber to whom the internet service provider provided an IP address which was allegedly used in an infringement, since that legislation does not fall within the material scope of Directive 2006/24. Directives 2002/58 and 2004/48 do not preclude national legislation that enables the national court seised of an application for an order for disclosure of personal data to weigh the conflicting interests involved, on the basis of the facts of each case and taking due account of the requirements of the principle of proportionality. Such legislation must be regarded as likely, in principle, to ensure a fair balance between the protection of intellectual property rights enjoyed by copyright holders and the protection of personal data enjoyed by internet subscribers or users.

Parties: Bonnier Audio AB e a.

Classification: Freedoms - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access - Personal data: rectification - Personal data: independent authority - Art. 17 Intellectual property

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