COPYRIGHT | The ECJ on balancing the fight against counterfeiting with fundamental rights

On 30 April 2024, the European Court of Justice (ECJ) issued its judgment in case in case C-470/21 on whether Article 15(1) of Directive on privacy and electronic communications (the “Directive”) allows Member States to implement a national legislation whereby the public authority responsible for the protection of copyright and related rights against infringements is allowed to access data relating to the civil identity associated with IP addresses and retained by providers of publicly available electronic communications services. The ECJ ruled that the Directive must be interpreted as allowing Member States to impose obligations on internet access providers to retain IP addresses for combating criminal offences, provided that such data is retained separately and in a genuinely watertight manner. Competent national authorities may also access civil identity data associated with IP addresses under certain conditions, with safeguards to prevent precise conclusions about individuals’ private lives.

Newsletter n. 96 – May 2024