Subscriber identity disclosure in online copyright enforcement : Suitability, necessity and proportionality

Copyright regime has been unable to answer to the changed consumption models and needs of the consumers. The regime is typically perceived as overly restrictive and unfair among the pub-lic. Given the lack of convenient legal options, the consumers have resorted to piracy. Instead of proactively developing better legal options, the copyright right holders have pushed for more effective enforcement measures. The proportionality of these measures have been seriously questioned. The enforcement measures referred to above require monitoring of the internet. However, inter-net users do not access the internet under their own name, but under an IP address that is allo-cated to the device connected to the internet. The IP address can further be linked to the sub-scriber of internet access service, making it personal data. The monitoring of the internet and the processing of internet user’s personal data constitutes an interference with the fundamental rights to privacy and personal data protection of the individual. Additionally, some enforcement measures interfere with internet user’s fundamental right to a fair trial. On the other hand, intellectual property such as copyright is protected under the fundamental right to property. Further, the right holder’s fundamental right to an effective remedy must be observed. The main interest of this study is to find a fair balance between these fundamental rights. The question will be approached at the EU level, with an intention to provide a suggestion of how the fair balance can be struck