# BONNIER AUDIO ABET AL. V. PERFECT COMMUNICATIONS WEDEN, 19.April.2012 (“BONNIER”)

- Type: Case Law
- Source: CJEU
- Date: 2012-04-19
- Original: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62010CJ0461
- Canonical: https://overview.legal/posts/5969
- Topics: Telecommunications, IP Address, Material scope (GDPR), Storage Limitation, Right of Access

## 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

## Full text

## Court 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)

## Excerpt

40      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      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.

## Cited law provisions (3)

### GDPR — gdpr-art-1-par-1-en

This Regulation lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data.

### GDPR — gdpr-art-15-par-1-en

The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

### GDPR — gdpr-art-11-en

Processing which does not require identification

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