Trends

Dynamic IP addresses qualify as personal data according to the EU Advocate General

Dynamic IP addresses qualify as personal data according to the EU Advocate General

Dynamic IP addresses qualify as personal data according to the EU Advocate General

17.05.2016

Personal data is defined, both in the currently applicable Directive 95/46/EC and in the new Regulation 2016/679 as information relating to an identified or an identifiable natural person.

In a pending case before the EU Court of Justice (C-582/14 Patrick Breyer v. Germany), the EU Advocate General (AG) asserts that dynamic IP addresses can qualify as personal data to the extent that, read in conjunction with further data held by an internet access provider, such IP addresses can identify the user.

Moreover, the AG confirms that the processing of such data by a website operator so as to avoid hacking and to ensure the proper operability of the website might amount to a legitimate purpose. To assess whether the processing can be legally justified, this purpose must be balanced against the rights of the data subject. It will of course now be up to the ECJ to decide on this delicate matter.
 

Team

Related news

15.07.2019 EU law
ICO to impose record-breaking fines for inadequate security measures and data breaches

Short Reads - Though the European data protection authorities have taken their time in enforcing the GDPR, two announcements by the ICO in the UK regarding proposed fines for British Airways and Marriott demonstrate that large fines are about to start landing regularly. Both of the substantial fines are to be handed out as a result of shortcomings in handling data breaches caused by cyber-attacks.

Read more

21.06.2019 NL law
Nieuw boetebeleid van de Autoriteit Persoonsgegevens

Short Reads - Op 14 maart 2019 zijn de nieuwe Boetebeleidsregels Autoriteit Persoonsgegevens 2019 ("Boetebeleidsregels") van de Autoriteit Persoonsgegevens ("AP") gepubliceerd. Dit boetebeleid heeft de AP opgesteld vanwege de inwerkingtreding van de Algemene verordening gegevensverwerking ("AVG") en omdat er op Europees niveau nog geen boeterichtsnoeren zijn opgesteld.

Read more

02.07.2019 NL law
Debate night: HR Analytics: opportunity or threat?

Seminar - On 2 July 2019, Stibbe's Digital Economy Group will host a debate night in Amsterdam on the hot topic of HR analytics. During Stibbe's debate night, speakers from the world of business, politics, science and law will exchange views on HR analytics, how they can be used in practice, and their development in the context of employment and privacy law.

Read more

21.06.2019 NL law
Dutch Data Protection Authority publishes new fining policy

Short Reads - The Dutch Data Protection Authority ("DPA") has published its new Fining policy for Administrative Fines. The new policy was drafted in response to the lack of such guidelines at the European level following the entering into force of the General Data Protection Regulation ("GDPR"). In the policy, the DPA elaborates on how the amount of fines for infringements of the GDPR, the Police Data Act, the Judicial and Criminal Records Act and the Telecommunications Act will be calculated. In this blog post, we will discuss the outline of this new policy.

Read more

27.06.2019 NL law
Stibbe launches website about Digital Economy

Inside Stibbe - Stibbe's Digital Economy group published a new website this week: Stibbedigital.com With this new website we aim to view technological developments including artificial intelligence (AI), blockchain, the Internet of Things, smart mobility and the rise of digital platforms from a legal perspective.

Read more

07.06.2019 BE law
Part three - GDPR and public law: To retroact or not?

Articles - Since the General Data Protection Regulation (“GDPR”) became applicable almost one year ago, multiple questions have arisen about its interaction with other fields of law. In this three-part blog series of “GDPR and public law”, we discuss three capita selecta of the interaction of GDPR with public law and government. In this blog we discuss the retroactive application of GDPR.

Read more

Our website uses functional cookies for the functioning of the website and analytic cookies that enable us to generate aggregated visitor data. We also use other cookies, such as third party tracking cookies - please indicate whether you agree to the use of these other cookies:

Privacy – en cookieverklaring