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

Processing: Communication of name and address sought by applicants constitutes processing of personal data. (¶ 52)

In order to give a useful answer, firstly, it is necessary to bear in mind that the applicants in the main proceedings seek the communication of the name and address of an internet subscriber or user using the IP address from which it is presumed that an unlawful exchange of files containing protected works took place, in order to identify that person.

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).