News
Dynamic IP addresses are to be considered personal data but, in some specific cases, may be kept by the content provider
- 24/10/2016
A dynamic IP is a provisional address, assigned to a device, for the use of the Internet. The said address, known by the website provider (content provider), together with further additional data, known by the Internet service provider, allows to trace back to the identity of the owner of the device which has accessed the website.
In the light of the above, with ruling of 19th October 2016 delivered in the case C-582/14, the European Court of Justice has explained that IP addresses, even if dynamic and therefore not suitable to identify the user, are to be considered personal data.
For this reason, IP addresses are to be protected. This is provided for by Directive no. 95/46 on the handling of personal data, whose article 7 lists the specific cases in which the processing of personal data is allowed, such as when it is necessary for the purposes of the legitimate interests pursued by the controller.
The Court has concluded that the content provider, being responsible for the processing of IP addresses, may keep those data, because, in doing so, it pursues the legitimate interest of the defence against cyber-attacks.
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