Opinion on ECJ’ case C-461/10: data retention, copyright protection and privacy of users


Yesterday the ECJ’ the Advocate General  Niilo Jääskinen has filed his opinion in the case C-461/10.  According to such Opinion:”1) Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of electronic communications services or of public communications networks and amending Directive 2002/58/EC does not apply to the processing of personal data for purposes other than those referred to in Article 1, paragraph 1 of the Directive.

Therefore, the relevant Directive shall not preclude the application of a provision of national law which allows national Courts, for the purpose of identifying a subscriber in a civil proceedings to request to an ISP to provide the  information on the identity of the subscriber allegedly used to infringe copyright. However, this information should have been preserved to be communicated and used for this purpose in accordance with detailed national legislation, adopted in compliance with the EU law on the protection of personal data”.

Here  full text of the opinion.

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