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

e-Privacy Directive (Directive 2002/58): The communication of name and address of a person using an IP address from which files were shared (for copyrighted audio books) falls within the scope of Directive 2002/58 (and within the scope of Directive 2004/48, dealing with copyright). (¶¶ 52-54)

It must be held that the communication sought by the applicants in the main proceedings constitutes the processing of personal data within the meaning of the first paragraph of Article 2 of Directive 2002/58, read in conjunction with Article 2(b) of Directive 95/46. That communication therefore falls within the scope of Directive 2002/58 (see, to that effect, Promusicae, paragraph 45).

It must also be noted that, in the main proceedings, the communication of those data is required in civil proceedings for the benefit of a copyright holder or his successor in title, that is to say, a private person, and not for the benefit of a competent national authority.

In that regard, it must be stated at the outset that an application for communication of personal data in order to ensure effective protection of copyright falls, by its very object, within the scope of Directive 2004/48 (see, to that effect, Promusicae, paragraph 58).