Internet service provider can be ordered to give personal information of alleged infringer to copyright holder
16-05-2012 Print this page
Internet service provider can be ordered to give personal information to copyright holder of alleged infringer.
"61 Having regard to the foregoing, the answer to the questions referred is that:
– Directive 2006/24 must be interpreted as not precluding the application of national legislation based on Article 8 of Directive 2004/48 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;
– it is irrelevant to the main proceedings that the Member State concerned has not yet transposed Directive 2006/24, despite the period for doing so having expired;
– Directives 2002/58 and 2004/48 must be interpreted as not precluding national legislation such as that at issue in the main proceedings insofar as that legislation enables the national court seised of an application for an order for disclosure of personal data, made by a person who is entitled to act, 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."
IPPT20120419, CJEU, Bonnier Audio v ePhone
C-461/10 - ECLI:EU:C:2012:219
