Federal Administrative Court allows Logistep to hunt Internet pirates
The Swiss company Logistep may continue to hunt down providers of illegal music and film downloads on the Internet. The Federal Administrative Court has not upheld a ban by the Federal Data Protection Commissioner.
The Swiss company Logistep may continue to hunt down providers of illegal music and film downloads on the Internet. The Federal Administrative Court has not upheld a ban by the Federal Data Protection Commissioner.
According to the judges in Bern, although Logistep's actions are not beyond doubt, they are considered to be the only means in the fight against Internet piracy. The company uses its software to search for specific film or music titles in Internet file-sharing networks (peer-to-peer networks) on behalf of rights holders.
Corresponding offers are downloaded, together with the IP address and other data of the provider. Logistep forwards the information to its domestic and foreign clients, who confront the identified download providers with criminal charges and claims for damages.
In his recommendation of January 2008, the Federal Data Protection and Information Commissioner called on Logistep to cease data processing as long as there was no sufficient legal basis. The company's actions violated the privacy of a large number of people. After Logistep rejected the recommendation, the data protection officer submitted it to the Federal Administrative Court for a ruling, which has now refused to give its blessing to the order. According to the ruling, it is true that personal data is affected and that there is a violation of privacy, albeit not a serious one.
It is also debatable that data is usually obtained secretly and without the knowledge of the persons concerned. Therefore, the principle of recognizability applicable in data protection is likely to be regularly violated.
It is unacceptable for copyright infringements to be tacitly accepted and for the perpetrators to get away scot-free. The interests of the rights holders and the public interest would therefore outweigh the interests of the people whose data is being processed.
According to the judges in Bern, although Logistep's actions are not beyond doubt, they are considered to be the only means in the fight against Internet piracy. The company uses its software to search for specific film or music titles in Internet file-sharing networks (peer-to-peer networks) on behalf of rights holders.
Corresponding offers are downloaded, together with the IP address and other data of the provider. Logistep forwards the information to its domestic and foreign clients, who confront the identified download providers with criminal charges and claims for damages.
In his recommendation of January 2008, the Federal Data Protection and Information Commissioner called on Logistep to cease data processing as long as there was no sufficient legal basis. The company's actions violated the privacy of a large number of people. After Logistep rejected the recommendation, the data protection officer submitted it to the Federal Administrative Court for a ruling, which has now refused to give its blessing to the order. According to the ruling, it is true that personal data is affected and that there is a violation of privacy, albeit not a serious one.
It is also debatable that data is usually obtained secretly and without the knowledge of the persons concerned. Therefore, the principle of recognizability applicable in data protection is likely to be regularly violated.
It is unacceptable for copyright infringements to be tacitly accepted and for the perpetrators to get away scot-free. The interests of the rights holders and the public interest would therefore outweigh the interests of the people whose data is being processed.
