The EU fired a shot on behalf of the rights for privacy of individuals, when this week it ruled over a Spanish case between a Telefonica owned ISP and a music rights organization, saying that current EU directives do not mean that the Member States have to pass laws where ISPs must give out personal data where music piracy is suspected.
While there are several Community directives in place, the ruling said, to ensure the protection of industrial property, in particular copyright, this did not extend to, or override the requirements of the protection of personal data.
The case was brought by Promusicae, a Spanish not for profit organization looking after the interests of producers and publishers of music and it ask a Spanish court forcing Telef’nica to disclose identities of piracy suspects.
Telefonica argued that under Spanish law, that data can only be revealed in a criminal investigation or for the purpose of safeguarding public security and national defense, so the Spanish court asked for clarification from the Court of Justice of the European Communities.
The Court concluded that the Member States must strike a fair balance between personal fundamental rights and also must not interpret local laws in a way that would conflict with EU directives.
In response the International Federation for the Phonographic Industry (IFPI) interpreted the decision positively saying that it would continue its enforcement campaign against Internet piracy, and that many member states would continue to be able to reveal suspects names, under their own law.
It takes the view that the Court said EU law does not oblige Member States to give access to personal data, but that it does not preclude the possibility for the Member States themselves laying down their own obligation to disclose personal data in the context of civil proceedings.
Our reading of it would be different, and we suspect that most EU countries will be looking at that ruling, and courts right across Europe will no longer be quite so helpful in forcing names out of ISPs.
Back in July a similar case in a Belgian court took a different direction when the court gave the ISP six months to implement a copyright filtering system, so that the problem cannot occur.