In June 2013, the French National Commission on Information Technology and Liberties announced that, following a question of Member of European Parliament Françoise Castex, it was going to investigate IP Tracking practices that e-commerce sites allegedly used to illegitimately increase their prices. This investigation was carried out in close connection with the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control. In January 2013, MEP Françoise Castex had already alerted the European Commission about this alleged unfair commercial practice. The Commission concluded that national authorities in charge of protecting personal data were competent as the IP address is personal data.
Price discrimination based on tracking of Internet Protocol addresses – numerical identifiers assigned to devices that are connected to the Internet – was in the news again this week after a Belgian Member of the European Parliament, Marc Tarabella, called for action from the European Commission to investigate the practice.
Winston Maxwell, a partner in Hogan Lovells’ Paris Office prepared this entry. On July 13, 2010 the EU’s Article 29 Data Protection Working Party adopted a report (http://ec.europa.eu/justice_home/fsj/privacy/docs/wpdocs/2010/wp172_en.pdf ) describing how ISPs and telecom carriers retain traffic data for law enforcement purposes in Europe. The European Data Retention Directive 2006/24/EC (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006L0024:EN:HTML) was supposed to harmonize national […]
Thanks to Eric Bukstein in the Hogan Lovells privacy group for providing this report. On May 3, 2010, in Arista Records v. Doe 3, a Second Circuit panel issued an opinion finding that an Internet user’s right to remain anonymous is not sufficient to prevent an ISP from revealing his identity in a copyright infringement dispute. The court held […]
Irish Court upholds contractual graduated response mechanism to fight online copyright infringement, holding that IP addresses are not personal data before they are transferred to the ISP
French Senators propose a new law that would declare all IP addresses to be personal information, increase the sanctioning powers of the CNIL, introduce new data breach obligations, and make the use of certain cookies subject to opt-in.