ECJ: EU Member States May Require ISPs To Disclose Account Data In Copyright Suits

European Union member states may, but do not have to, require electronic communications services to disclose subscriber account data to intellectual property owners pursuing civil copyright infringement litigation, the European Court of Justice, third chamber, ruled April 19, 2012 (Bonnier Audio AB v. Perfect Communication Sweden AB, E.C.J., No. 10-461, April 19, 2012).

The court parsed the relevant EU data protection (95/46/EC), intellectual property (2004/48/EC), and data retention (2002/58/EC, 2006/24/EC) directives, concluding that the resolution of an intellectual property owner’s request for such data will depend on the relevant national law. …

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