Post by account_disabled on Jan 1, 2024 1:03:57 GMT -7
Amust carried out in this regard by the said court that there are legal ways that allow the provider of electronic communications services to address in particular in the case of cyber attacks the competent authority for it to take the necessary steps to obtain this information from the provider of access to the Internet and to initiate criminal prosecution. It thus appears that the electronic communications service provider has means that can be reasonably used to identify with the help of other persons in this case the competent authority and the internet access provider the data subject based on stored IP addresses. Regarding the second question.
By its second question the referring court essentially asks whether as precluding Country Email List legislation of a Member State under which a provider of electronic communications can collect and use the personal data related to a user of these services in the absence of his consent only to the extent that this collection and this use is necessary to allow and bill the concrete use of the said services by this user without the objective aimed at ensuring the general functionality of the same services being able to justify the use of the respective data after a consultation session. Before answering this question it is necessary to determine whether the processing of personal data at issue in the main dispute namely the dynamic.
IP addresses of users of certain websites of German federal bodies is not excluded from the scope of Directive in accordance with Article paragraph first indent thereof according to which the said directive does not apply to the processing of personal data which have as their object among others the activities of the state in the field of criminal law. However in the main proceedings subject to the checks to be carried out in this regard by the referring court it appears.
By its second question the referring court essentially asks whether as precluding Country Email List legislation of a Member State under which a provider of electronic communications can collect and use the personal data related to a user of these services in the absence of his consent only to the extent that this collection and this use is necessary to allow and bill the concrete use of the said services by this user without the objective aimed at ensuring the general functionality of the same services being able to justify the use of the respective data after a consultation session. Before answering this question it is necessary to determine whether the processing of personal data at issue in the main dispute namely the dynamic.
IP addresses of users of certain websites of German federal bodies is not excluded from the scope of Directive in accordance with Article paragraph first indent thereof according to which the said directive does not apply to the processing of personal data which have as their object among others the activities of the state in the field of criminal law. However in the main proceedings subject to the checks to be carried out in this regard by the referring court it appears.