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IP addresses are protected personal data: they cannot be collected or used by a private undertaking without the consent of the persons concerned. This was the opinion of the Swiss Federal Tribunal (TF), upholding the opinion of the Federal Data Protection and Transparency Commissioner (Préposé fédéral à la protection des données et à la transparence - PFPDT). The PFPDT had ordered the Swiss company Logistep to stop its search for IP addresses on peer-to-peer networks until such time as a suitable legal basis had been adopted by the legislator. Under commission from copyright holders, Logistep was...

As part of the television information programme “Panorama”, a report covering the illegal trade of antiques from Afghanistan, as well as how this trade is indirectly funding the Taliban, was transmitted on 6 September 2009 by the Flemish public broadcaster (VRT). For the report, a collector was videotaped with a hidden camera in his private home. This man owns a large collection of works of art, from Afghanistan and other places, and, while answering their questions, he revealed some of these to the journalists, who were impersonating interested students. The collector’s face had been blurred,...

In a ruling handed down on 16 December 2010, the Austrian Oberste Gerichtshof (Supreme Court - OGH) dealt in detail with the protection of editorial confidentiality and its importance in relation to the freedom of expression and of the press. The case concerned a report by Österreichische Rundfunk (the Austrian public broadcaster - ORF) about three young members of the extreme right, who had been accompanied by a journalist. On the basis of the report, the Wiener Neustadt public prosecutor’s office investigated the youngsters for reviving national socialism (Art. 3g of the Verbotsgesetz - Prohibition...

On 22 December 2010 the Commission published its report on the first assessment of the Directive on the enforcement of intellectual property rights. The Directive was designed with the necessity of finding effective means for enforcing intellectual property rights in mind. The Report serves as a first evaluation on the implementation and impact of the Directive. It addresses certain issues on which further clarification is needed. Effective possibilities for enforcement are essential for the functioning of the internal market. Otherwise barriers to cross-border activities will occur. Also confidence...

Ten years ago, in 2001, the newspaper Daily Mirror published an article on its front page under the title: “Naomi: I am a drug addict”. Another longer article inside the newspaper elaborated on top model Naomi Campbell’s addiction treatment, illustrated by photos taken secretly near the Narcotics Anonymous centre she was attending at the time. As the newspaper continued to publish more articles and new pictures related to her attendance at Narcotics Anonymous, Ms. Campbell sued the Daily Mirror for breach of her privacy. At a final stage of the domestic proceedings, the House...