Telecoms companies do not have to hand over the names and addresses of users
suspected of illegally sharing music online in civil cases, according to a
senior legal adviser to the
European
Court of Justice.
Advocate General Juliane Kokott said that European law meant that governments
should resist handing over personal information unless a criminal case is being
pursued.
The advice was given after a court in Spain asked for guidance before ruling
on a case between Spanish music publishers' group
Promusicae
and internet service provider
Telefónica.
The legal opinion could now be quoted by other courts throughout the 27
European nations to rule on similar cases.
Promusicae had asked Telefónica to provide the names and addresses of
computer users on the
Kazaa
peer-to-peer file-sharing service.
Telefónica had argued that personal data could only be shared in criminal
prosecutions or in matters of national defence and public security.
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