20 October 2016
The EU's Court of Justice (ECJ) today looked into whether website operators such as Google or Facebook may record which information Internet users read, post or searched on the web - or whether citizens have a right to use the Internet anonymously. The ruling concerns the case of German pirate party politician and privacy activist Patrick Breyer who is suing the German government over logging all visits to government websites (Case C-582/14).
According to the court, users' IP addresses are personal data and may be collected only where allowed by data protection law.
The Court did not decide on whether website operators may retain IP addresses in bulk or whether the users privacy rights prevail. EU law does not give specific guidance on the matter.
Breyer calls on the Commission to act on the lack of specific EU rules protecting on-line privacy: "The Commission should amend EU legislation to specifically prohibit any blanket recording of our Internet use by website operators. Europe should reject the ruthless NSA method of ýcollecting it allý and enforce our right to freedom of information and expression in the digital age."
See: Judgment full-text (pdf)
"Europe's top court has ruled that dynamic IP addresses can constitute "personal data," just like static IP addresses, affording them some protection under EU law against being collected and stored by websites.
But the Court of Justice of the European Union (CJEU) also said in its judgment on Wednesday that one legitimate reason for a site operator to store them is "to protect itself against cyberattacks."
Spotted an error? If you've spotted a problem with this page, just click once to let us know.
Statewatch does not have a corporate view, nor does it seek to create one, the views expressed are those of the author. Statewatch is not responsible for the content of external websites and inclusion of a link does not constitute an endorsement. Registered UK charity number: 1154784. Registered UK company number: 08480724. Registered company name: The Libertarian Research & Education Trust. Registered office: c/o MDR, 88 Fleet Street, London EC4Y 1DH, UK. © Statewatch ISSN 1756-851X. Personal usage as private individuals "fair dealing" is allowed. We also welcome links to material on our site. Usage by those working for organisations is allowed only if the organisation holds an appropriate licence from the relevant reprographic rights organisation (eg: Copyright Licensing Agency in the UK) with such usage being subject to the terms and conditions of that licence and to local copyright law.