- In brief: An IP address may constitute personal data (Patrick Breyer v Bundesrepublik Deutschland)
- Original news
- What should IP & IT lawyers take note of?
- What was this case about?
- What did the court decide?
IP & IT analysis: Mr Breyer had an IP address. When he accessed certain websites run by the German government in various guises his IP address was recorded. The German government did this with the aim of preventing attacks and making it possible to prosecute ‘pirates’. Mr Breyer objected and sued the German Federal Government. His objection was dismissed at first instance and upheld in part on appeal. On a final appeal by both parties to the German Supreme Court the issue arose as to what the meaning of the word ‘identified’ meant in a data protection context. Ashley Roughton, intellectual property barrister and consultant at Nabarro, considers the case of Patrick Breyer v Bundesrepublik Deutschland.
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