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Ireland / High Court / [2012] IEHC 264

EMI Records (Ireland) Limited, Sony Music Entertainment Ireland Limited, Universal Music (Ireland) Limited and Warner Music Ireland Limited v Data Protection Commissioner (and Eircom plc notice party)

Policy area:
Information society
Deciding Body type:
National Court/Tribunal
Deciding Body:
High Court
Type:
Decision
Decision date:
27/06/2012

Key facts of the case:

The applicants were music companies who obtained information from Eircom, a major telecommunications and internet service company in Ireland. This information consisted of the copyright title, time and temporary IP address of individuals who were unlawfully sharing copyrighted materials online. The respondent was the Data Protection Commissioner, who issued an enforcement notice directing Eircom to cease providing such information to the music companies. The companies challenged the legality of the enforcement notice.

Outcome of the case:

14.0 In the result, the enforcement notice of 11 January 2012 is invalid in failing to give reasons. Such reasons as appear to underpin it, to the extent that these can be at all ascertained, involve a misconstruction of the relevant law. The enforcement notice is therefore quashed. Such guidance as is appropriate is given in this judgment in the hope of providing some clarification.

14.1 I will hear submissions as to a stay to facilitate any appeal to the Supreme Court, the referral of questions to the Court of Justice of the European Union having been rejected by all parties, and as to costs and as to the possible measurement thereof.