The claimants, producers of pornographic films, sought disclosure by the defendant internet service provider of certain internet protocol addresses, wishing to pursue those it said had wrongfully downloaded their films. The court was asked first whether the transfer of such information would mean that the claimants would become ‘data controllers’
Held: Such an order would not make the recipient a data controller for the purposes of article 4(7). However the action failed because of failures in both the factual and expert evidence offered by the claimants.
Judges:
Mr Recorder Campbell QC sitting as a High Court judge
Citations:
[2019] EWHC 1827 (Ch), [2019] WLR(D) 408
Links:
Statutes:
Data Protection Act 2018, Parliament and Council Regulation (EU) 2016/679
Jurisdiction:
England and Wales
Citing:
Cited – The Rugby Football Union v Consolidated Information Services Ltd SC 21-Nov-2012
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in . .
Cited – Norwich Pharmacal Co and others v Customs and Excise Commissioners CA 2-Jan-1972
The plaintiffs sought discovery of the names of patent infringers from the defendant third party, submitting that by analogy with trade mark and passing-off cases, the Customs could be ordered to give discovery of the names.
Held: Buckley LJ . .
Cited – Golden Eye (International) Ltd and Others v Telefonica UK Ltd and Another CA 21-Dec-2012
The claimant IP rights holder sought disclosure by the defendant broadband internet provider of the addresses of customers thought to have participated in file sharing, in breach of those rights. . .
Cited – Breyer v Bundesrepublik Deutschland ECJ 19-Oct-2016
Over-regulation of storage of personal data
ECJ (Judgment) Reference for a preliminary ruling – Processing of personal data – Directive 95/46/EC – Article 2(a) – Article 7(f) – Definition of ‘personal data’ – Internet protocol addresses – Storage of data . .
Lists of cited by and citing cases may be incomplete.
Information, Litigation Practice
Updated: 15 July 2022; Ref: scu.640073