EU directives do not require naming of Internet users

Stephen Withers
Wednesday, 30 January 2008 01:29

Your IT - Home IT

The European Court of Justice has ruled that European Community directives aimed at protecting copyright do not override privacy rules.

A Spanish music rightsholder organisation called Promusicae had sought an order requiring telco and ISP Telefonica to reveal the names and addresses of its customers who were using specified IP addresses at particular times. Those people were allegedly using Kazaa to allow the copying of tracks owned by Promusicae members.

Telefonica argued that it was only required to provide such information to a criminal investigation or where public security and national defence was at stake.

The Spanish court referred the issue to the ECJ, which found EC directives do not require require member states to oblige the release of personal information in civil cases.

However, it was a weak victory for privacy advocates, as the ECJ also determined there was no barrier to member states passing legislation that would require such disclosure.

Member states should find "a fair balance" between "the right to respect for private life" and "the rights to protection of property and to an effective remedy".

The court also reminded national courts that laws should be interpreted in a manner consistent with EC directives, general principles and fundamental rights.