Facts
The Federal Data Protection and Information Commissioner (FDPIC) issued a recommendation to Logistep AG on January 9, 2008, in which he stated that Logistep AG used its software to search for copyrighted works in various peer-to-peer networks and recorded and stored transmission data in a database. The FDPIC concluded that Logistep AG's processing methods were suitable for violating the personality of a large number of people.
Logistep AG rejected the recommendation, and the FDPIC referred the matter to the Federal Administrative Court. The Federal Administrative Court dismissed the complaint and lifted the FDPIC's recommendation. The FDPIC appealed.
The defendant, Logistep AG, processed IP addresses and other data from users of peer-to-peer networks to pursue copyright infringements. The FDPIC considered this a violation of personality and demanded that Logistep AG cease data processing.
Considerations
1. Admissibility of the Appeal
The Federal Court examined the admissibility of the appeal and concluded that the appeal in public law matters was the appropriate remedy.
2. Applicability of the FADP
The Federal Court examined whether the FADP was applicable to the IP addresses processed by Logistep AG. It concluded that IP addresses can be qualified as personal data within the meaning of Art. 3 lit. a FADP, as they enable the identification of a person.
3. Violation of the Principles of Data Processing
The Federal Court examined whether Logistep AG had violated the principles of data processing, in particular the principles of purpose and transparency. It concluded that Logistep AG had violated these principles, as the data collection was carried out without the knowledge of the persons…