16 September 2007

FR - Is the IP address still a personal data in France?

Two decisions from the Paris Appeal Court held that collection of IP addresses does not constitute a processing of personal data, and consequently was not subject to CNIL prior authorization, as required by the French Data Protection Act. In the mean time, the Advocate General of the European Court of Justice, in case C-257/06 Productores de Música de España (Promusicae) v. Telefónica de España, an entirely separate case lodged for reference by a Spanish Court under the preliminary ruling procedure, took the position that the EU legislation on personal data protection should prevail on the Community law on e-commerce, copyright protection and IP enforcement.