European Court of Justice rules on privacy during
intellectual property litigation. The European Court of Justice has held
that EU law does not require the disclosure of personal data in a civil
proceeding regarding copyright in a Member State. Here, Promusicae is an
association of producers and publishers of musical and audiovisual recordings.
It sought a court order requiring a telephone company to disclose the
identities of persons who used an online file exchange program, KaZaA, where
copyright‑protected files were exchanged. Promusicae’s intent was to use that
information to sue the persons who had exchanged the protected files. The
Spanish Court submitted the issue to the European Court of Justice (ECJ) under
Article 234. In particular, the Spanish court asked the ECJ whether the parties
to civil proceedings have to reveal their personal data. The ECJ notes that EU
directives on the protection of personal data include exceptions for the
protection of the rights and freedoms of others. Member States have the duty to
implement EU directives in a way that balances the various fundamental rights
(here: intellectual property and personal privacy). Citation: Judgment
of the Court of Justice in Case C‑275/06, Productores de Musica de Espana
(Promusicae) v. Telefonica de Espana SAU (January 2008). [Opinion and related
press release are available on website curia.europa.eu.]
**** Terik Hashmi is a business consultant serving businesses in the marketing realm. Among his clients are a medical service provider and an Online Reputation Management company. - Attorney Website at: https://terikhashmiattorney.com/ - Attorney Profile at: https://solomonlawguild.com/terik-hashmi%2C-esq# - Attorney News at https://attorneygazette.com/terik-hashmi%2C-consultant#eec97f53-49a0-4c94-869a-4847514cb694