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EU: CJEU AG delivers opinion on retention and access to internet users data

The Court of Justice of the European Union ('CJEU') announced, on 27 October 2022, that Advocate General ('AG') Maciej Szpunar had delivered their opinion in Case C-470/21 La Quadrature du Net and Others concerning retention and access to certain data of internet users. In particular, the AG took the view that EU law should be interpreted as not precluding measures providing for the general and indiscriminate retention of IP addresses assigned to the source of a connection, for a period limited in time to what is strictly necessary, for the purposes of preventing, investigating, detecting, and prosecuting online criminal offences for which the IP address is the only means of investigation enabling the identification of the person to whom that address was assigned at the time of the offence.

As such, the AG reasoned that a national authority should be able to access civil identity data linked to IP addresses where such data is the only means of investigation enabling the identification of the holders of those addresses suspected of online copyright infringement.

You can read the press release here.

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