The Supreme Court (SC) has rejected the claim of the Association of Music Producers of Spain (PROMUSICAE) to collect without consent of the affected data users of P2P (peer to peer), which are shared by files, music in this case. The association with this measure intended to exercise the defense of intellectual property rights of phonogram producers and editors and music videos.
The high court, confirming the judgment in the case by the High Court in September 2011, states that PROMUSICAE is not exempted from the duty to inform users of P2P networks for the processing of your data to the Organic Law on Data Protection.
The association of producers claimed, among other things, to treat (Internal Protocols) IP addresses without informing the affected, considering that fact that he was unable to get to know the user’s identity.
The Supreme, in a ruling which the judge has spoken José María del Riego, notes that “IP addresses are personal data”, as they contain information concerning individuals “identified or identifiable “.
To reject another argument PROMUSICAE, TS notes that “knowledge can not be equated by the owner that your IP address is visible on P2P networks to consent to automated processing along with other data from your traffic. “
The judgment does not share the argument of the producers in order to realize the unlawful behavior of P2P users had no choice but to treat IP addresses.
The Supreme indicates that the appellant has not sufficiently justified the need for lack of alternative protective measures in the legal system, either in the civil order, particularly in the Property Law Intellectual or in the criminal law, which would be more respectful of the right to protection of personal data.
The ruling finds that in this case, by virtue of their size and lack of evidence of their strict need for the legitimate aim pursued is not justified to limit the substance of the fundamental right to data protection from an unknown number of people.
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