Swedish Supreme Administrative Court ARE using the EU directives
it seems the Swedish Supreme Administrative Court are using the EU directives correctly
as regards IP are personal data.
it also seems that that Swedish Personal Data Act clause Antipiratbyrån, and their like will be relying on from now on,
only applys "IF, and ONLY IF, these self proclaimed anti infringment orgs using IP and related defined data, actually bring a court case and see it through to completion all the way to the end without dropping the case", or else theres a case for the EU directives to be used by any EU person effected by their use of personal data as defined and outlined for instance here
http://ec.europa.eu/justice_home/fsj/privacy/docs/wpdocs/2009/wp159_en.pdf
"…
4. IP ADDRESSES
The Parliament and the Commission propose to introduce a new Recital (27a) on IP
addresses16.
The Working Party welcomes the wording proposed in the Commission’s Comments when it makes specific reference to its work. However, the Working Party does not support the proposal to make an explicit reference to this issue in a directive.
In this respect, it re-emphasises its earlier Opinion17 that unless the service provider “is in a position to distinguish with absolute certainty that the data correspond to users that cannot be identified, it will have to treat all IP information as personal data, to be on the safe side”.
IP addresses relate to identifiable persons in most cases. Identifiability means identifiable by the access provider or by other means, with the help of additional identifiers such as cookies or in interactions with internet services with which the data subject is identified explicitly or implicitly.
Recital 26 of the Data Protection Directive clearly specifies that to determine if a person is
identifiable, “account should be taken of all the means likely reasonably to be used either by the controller or by any other person to identify the said person”.
The definition of personal data in the Data Protection Directive refers to data ‘relating’ to a
person, and IP addresses are commonly used to distinguish between users to whom should be applied a different treatment for example in the context of targeted advertisement serving or profile creation…..
”
Biting the hand that feeds IT
