Are IP addresses personal information? On 28 October, the German Federal Court of Justice referred the question to the European Court of Justice (they who gave us the contentious Google Spain decision).
The case stems from the fact that when users visit German government sites, the site collects their IP addresses along with other information. This information is logged and stored “in order to track down and prosecute unlawful hacking”.
For once Canada can consider itself well ahead of the curve. The Office of the Privacy Commissioner of Canada is clear that “An Internet Protocol (IP) address can be considered personal information if it can be associated with an identifiable individual.” A 2013 report from that Office “What an IP Address Can Reveal About You” goes further into the subject, ultimately concluding that
…knowledge of subscriber information, such as phone numbers and IP addresses, can provide a starting point to compile a picture of an individual's online activities, including:
· Online services for which an individual has registered;
· Personal interests, based on websites visited; and
· Organizational affiliations.
It can also provide a sense of where the individual has been physically (e.g., mapping IP addresses to hotel locations, as in the Petraeus case).
This information can be sensitive in nature in that it can be used to determine a person’s leanings, with whom they associate, and where they travel, among other things. What’s more, each of these pieces of information can be used to uncover further information about an individual.
The Federation of German Consumer Organizations has raised concerns that classifying IP address as personal information could create delays and onerous administrative and consent requirements for internet use in Europe, or alternatively could necessitate a reconsideration of some of the provisions of the EU Data Protection Directive. It would be interesting to hear from a similar Canadian body as to their experiences….or perhaps the CJEU should consider some kind of case study in order to include practical experience into their considerations.