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IP addresses can be stored without users’ consent to prevent cyberattacks, the ECJ rules

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IP addresses can be stored without users’ consent to prevent cyberattacks, the ECJ rules

As such, user data can be lawfully stored for a legitimate interest (and thus without the data subject’s consent) by the operator of the website when it wants to protect itself against cyber attacks. 

The principles established by the Court will apply irrespective of whether the website operator is public administration or a private company, Privacy Matters points out. 

Patrick Breyer, member of Germany’s Private Party and applicant in the case, has defined the judgement as a loophole in data privacy law, since internet companies follow users around the web, collecting information about them and passing it on. In his view, internet users should have a right to surf anonymously, Reuters reports. 

The German Data Protection Commissioner, Andrea Vosshof, has clarified that the German Authority will react to the ECJ’s ruling by allowing dynamic IP addresses to be stored for no longer than seven days, according to Deutsche Welle.

Joerg Hladjk, a lawyer specialised in cybercrime and data protection practices, considers the ruling a landmark decision in order to expand the scope of application of EU data protection law regarding when data can be retained without user’s consent, Yahoo!Tech says. 

The case now will go back to the German Federal Court, which will decide on applying the new ECJ’s principles. 


Ilaria Fevola


2016-10-21 11:16

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