Data Protection Issues Related to Intellectual Property Rights

The Working Party notes that the increasing exchange of information linked to the development of the Internet touches more and more the delicate question of control over copyright protected information. Issues at stake relate in particular to the rights and obligations of actors having interests in copyright-protected information, and who are involved in the management of digital rights. The Working Party acknowledges the necessity of implementing measures to safeguard the rightful interests of holders of intellectual property rights against alleged fraud. At the same time, the Working Party (“WP”) has observed that some of these measures aimed at ensuring the effective protection of some copyright material against alleged unlawful exchange, taken at various levels by copyright holders, involve the processing of personal data of individuals. The first aspect the Working Party intends to address relates to the digital management of rights (“DRMs”) which is currently developing, insofar as DRMs provide for the identification and tracking of individuals accessing legally protected information (e.g., songs, software) on the Internet. The second aspect relates to the possibilities available to copyright holders to enforce their rights against individuals suspected of copyright violation. Considering the different levels where data protection issues arise, this document intends to recall not only the main legal principles to be complied with by copyright holders in the exercise of the rights but also by other actors involved more specifically in the digital management sphere, such as the industry and service providers offering digital rights management technology