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In the EU IP addresses are personal data

Comments

  • #2
    BoB_BoT
    Registered Users, Registered Users 2 Posts: 1,835 ✭✭✭BoB_BoT


    0lddog wrote: »
    Well, its in todays Irish Times at any rate

    http://www.irishtimes.com/business/technology/european-court-of-justice-rules-ip-addresses-are-personal-data-1.2835704

    Why does The Paper of Record 'illustrate' this with a photograph of a bunch of patch cables :confused:

    Yup, bit mental, they really should have used this pic instead.


  • #3
    Joe Exotic
    Registered Users, Registered Users 2 Posts: 569 ✭✭✭Joe Exotic


    From the article
    In a judgment described by legal experts as having huge implications for privacy, the Court of Justice of the European Union has ruled that online identifiers known as dynamic IP (internet protocol) addresses may be personal data in certain circumstances.

    Nothing really to see here MAY is the operative word and only in certain circumstances.
    The court ruled that the dynamic IP address of a visitor constituted personal data if a website operator had the legal means allowing it to identify the visitor concerned with additional information about him held by the internet access provider.


    So i suppose it's true but in a very narrow way


  • #4
    testicles
    Closed Accounts Posts: 1,198 ✭✭✭testicles


    This post has been deleted.


  • #5
    AnCatDubh
    Registered Users, Registered Users 2 Posts: 6,393 ✭✭✭AnCatDubh


    Always kinda has been.

    From the data protection commissioner's website, DP legislation defines;
    "personal data" means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller."
    It covers any information that relates to an identifiable, living individual. However, it needs to be borne in mind that data may become personal from information that could likely come into the possession of a data controller. Often a case by case assessment must be made taking account of some of the above considerations as to whether data could be deemed to be personal.

    On this basis, I've always taken a working view that potentially anything is personal data and covered by the provisions of the legislation. In the case of an IP address it may be personal if it can be linked back to the person. A quick read of the article alone suggests that the guys beef with the German government is that they were in some way storing the IP addresses that he was using when he accessed their system in an identifiable fashion or linked to his identity. This wouldn't be particularly unusual in systems design albeit perhaps bad practice in data protection terms. Google for instance (surprise, surprise...) store and allow you view the last IPs that were used to access your google account and services. Hence in this example, the IP address (as it relates to your use of their service) is highly likely to be personal data as per the legislation.


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