Tag Archives: IP addresses

On 19 October 2016, the European Court of Justice rendered a decision in the infamous Breyer case, which provided more clarification as to the qualification of personal data in our continuously growing digital economy. The Court ruled that dynamic IP addresses can constitute personal data even when the data controller must seek additional information from a third party in order to truly identify a person. The implications of this outcome are not to be underestimated, especially given the liability and compliance obligations of controllers, which are a lot more lenient when the data in question is not considered "personal" data. It also remains to be seen how this decision will relate to the harmonization attempts of the GDPR as Breyer seems to leave the door open for interpretation depending on other national laws that affect the concept of personal data. Dynamic IP addresses The case was referred to the CJEU … Continue Reading ››