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EU: Commission proposals for Directives on rights relating to electronic communications networks, and protection of privacy in the electronic communications sector

01 September 2008

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European Parliament: Commission proposal for a Directive on: Universal service and users’ rights relating to electronic communications networks, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector (pdf) Draft report from the EP Internal Market Committee (pdf) Opinion of the Civil Liberties Committee (pdf) Comments by the European Data Protection Supervisor (pdf).

The European Data Protection Supervisor raise the question of whether Internet Protocol addresses ("IP") are personal data as the Data Protection Directive and the Privacy Directive apply whenever personal data are processed:

"If IP addresses are not deemed personal data, they can be collected and further processed without the need to fulfil any legal obligation arising from the two above mentioned Directives. For example, such an outcome would enable a search engine to store for an indefinite period, IP addresses assigned to accounts from which, for example, materials related to specific health conditions (eg: AIDS) have been searched."

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