ECJ considers whether EC law requires ISPs to disclose file-sharers' details | Practical Law

ECJ considers whether EC law requires ISPs to disclose file-sharers' details | Practical Law

The ECJ has held that Community law does not require member states to oblige internet service providers (ISPs) to disclose details of suspected file-sharers to enable a copyright owner to bring civil proceedings. However, it said that Community law required that, when transposing the E-Privacy Directive (2002/58/EC) (which requires protection of personal data but permits exemptions to protect the rights of others) and various directives requiring effective enforcement of intellectual property rights, member states had to interpret them to allow a fair balance between the various fundamental Community rights, including the rights to property, effective judicial protection and protection of personal data. Further, in implementing the relevant national law, national courts had to interpret it in a manner consistent with those directives and in a way which did not conflict with those fundamental rights or principles of Community law, such as the principle of proportionality. The decision will disappoint copyright owners insofar as it means they cannot invariably invoke Community law to require ISPs to disclose information for the purpose of civil enforcement proceedings. However, it does leave open the possibility that national courts may deem such disclosure to be required in appropriate cases, applying the ECJ's guidance as to how national law should be interpreted. Case: Productores de Música de España (Promusicae) v Telefónica de España SAU, 29 January 2008.

ECJ considers whether EC law requires ISPs to disclose file-sharers' details

Practical Law UK Legal Update 8-380-6082 (Approx. 6 pages)

ECJ considers whether EC law requires ISPs to disclose file-sharers' details

by PLC IPIT & Communications
Law stated as at 29 Jan 2008European Union
The ECJ has held that Community law does not require member states to oblige internet service providers (ISPs) to disclose details of suspected file-sharers to enable a copyright owner to bring civil proceedings. However, it said that Community law required that, when transposing the E-Privacy Directive (2002/58/EC) (which requires protection of personal data but permits exemptions to protect the rights of others) and various directives requiring effective enforcement of intellectual property rights, member states had to interpret them to allow a fair balance between the various fundamental Community rights, including the rights to property, effective judicial protection and protection of personal data. Further, in implementing the relevant national law, national courts had to interpret it in a manner consistent with those directives and in a way which did not conflict with those fundamental rights or principles of Community law, such as the principle of proportionality. The decision will disappoint copyright owners insofar as it means they cannot invariably invoke Community law to require ISPs to disclose information for the purpose of civil enforcement proceedings. However, it does leave open the possibility that national courts may deem such disclosure to be required in appropriate cases, applying the ECJ's guidance as to how national law should be interpreted. Case: Productores de Música de España (Promusicae) v Telefónica de España SAU, 29 January 2008.