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BONNIER AUDIO ABET AL. V. PERFECT COMMUNICATIONS WEDEN, 19.April.2012 (“BONNIER”)
Summary
Data Retention Directive (Directive 2006/24): Directive 2006/24 deals exclusively with handling and retention of data generated by electronic communication service providers for the purpose of the investigation, detection, and prosecution of serious crime and their communication to competent national authorities. A national provision transposing the EU intellectual property directive which permits an ISP in civil proceedings to be ordered to give a copyright holder information on the subscriber
How it connects
References
Related across sources
Guidance Statement 5/2024 on the Recommendations of the High-Level Group on Access to Data for Effective Law Enforcement Guidance Joint Guidelines on the Interplay between the Digital Markets Act and the General Data Protection Regulation Enforcement EDPS - 2020-1013 Guidance Guidelines 3/2019 on processing of personal data through video devices Enforcement CNIL fines energy supplier for mishandling data subject access and objection requests Literature The Court of Justice on the Excessiveness of Access Requests under the GDPR
Full text
summary
Data Retention Directive (Directive 2006/24): Directive 2006/24 deals exclusively with handling and retention of data generated by electronic communication service providers for the purpose of the investigation, detection, and prosecution of serious crime and their communication to competent national authorities. A national provision transposing the EU intellectual property directive which permits an ISP in civil proceedings to be ordered to give a copyright holder information on the subscriber to whom the ISP provided an IP address allegedly used in an infringement is outside the scope of Directive 2006/24 and therefore not precluded by that Directive (¶¶ 40-41) (IMPORTANT NOTE: This Directive was declared invalid by Digital Rights Ireland)
¶40 excerpt
Thus, Directive 2006/24 deals exclusively with the handling and retention of data generated or processed by the providers of publicly available electronic communications services or public communications networks for the purpose of the investigation, detection and prosecution of serious crime and their communication to the competent national authorities.
¶41 excerpt
The material scope of Directive 2006/24 thus stated is confirmed by Article 11 thereof which states that, if such data were retained specifically for the purposes of Article 1(1) of the directive, Article 15(1) of Directive 2002/58 does not apply to those data.
Original document at the source eur-lex.europa.eu