[governance] IP Addresses Are Personal Data, E.U. Regulator Says

[Meryem Marzouki]

Le 28 janv. 08 à 22:50, Karl Auerbach a écrit :

> Meryem Marzouki wrote:
>
>> So, the answer to Karl's question ("whether an ISP or core  
>> provider's use of a person's IP address to generate a TCP Reset  
>> packet (for the purpose of, for example, "slowing" bittorrent  
>> traffic) is a usurpation of that personally identifiable  
>> information") is no. This is indeed a network neutrality issue,  
>> but not a data protection issue.
>
> Perhaps there is a slightly more accurate way to state your  
> conclusion?
> Might not one say that that the use of the IP address is indeed a  
> usurpation of personally identifiable information, but due to a  
> contractual waiver, it is not a violation of EU data protection laws?

I really fail to see where is the "usurpation of personally  
identifiable information" in this process. The point is not to  
legitimate such purposes (here, "slowing" P2P traffic) but rather to  
identify the right issue and, if possible, to take the right action  
against it. My opinion is that a legal analysis/action based on data  
protection law is not the right answer. The right answer would be, I  
think, to analyze the process in terms of network neutrality as well  
as in terms of contractual/commercial law (e.g. considering such  
provisions in the ISP general conditions as abusive clauses).  
Although this would hardly be considered as a valid argument in court  
in such a case.

Besides this, I hardly understand what an "usurpation of personally  
identifable information" could mean, though I know what is an  
"usurpation of identity". But these are different concepts, and the  
fact that the former directly implies the latter in the process we're  
discussing (TCP reset packet) probably remains to be demonstrated  
(from a legal point of view).

Meryem____________________________________________________________
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