Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 09 NOVEMBER 2016

CJEU Finds That Dynamic IP Addresses Are Personal Information

McCarthy Tétrault
McCarthy Tétrault
Contributor
McCarthy Tétrault

McCarthy Tétrault

Built on a unique model of collaboration, innovation and efficiency, McCarthy Tétrault delivers...

View firm profile
Explore more from McCarthy Tétrault

On October 19, the CJEU handed down a decision in the Breyer case.

CanadaPrivacy
CyberLex Blog
CyberLex Blog
Author LinkedIn connections

On October 19, the CJEU handed down a decision in the Breyer case.  The case arose from a complaint by Mr. Patrick Breyer, deals with whether dynamic IP addresses logged by a website are personal information, protected by privacy law.

The CJEU concluded that the answer to this is yes, provided that it was both technically and legally possible for the website operator to obtain information that could link that address back to an individual.  The court expressly considered that the possibility of obtaining that information via a court order or a similar intervention by some other competent authority would meet this standard.

This decision has some significant implications both in Europe and in Canada.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Implications Of Bill C-34, Canada’s Proposed Online Safety Framework, For Organizations

Canada's proposed Digital Safety Act introduces sweeping new obligations for social media platforms, AI chatbots, and interactive online services, requiring operators to protect children, mitigate harmful content, and implement age-verification measures. Organizations face substantial penalties of up to 5% of global revenue for non-compliance, backed by a new federal regulator with broad enforcement powers. What steps should your organization take now to prepare for this emerging regulatory framework?
CanadaPrivacy
MLT Aikins LLP
MLT Aikins LLP
Article

Privacy, Data Protection, And Cybersecurity: What Foreign Companies Must Consider Before Entering The Canadian Market

Foreign companies entering Canada often assume their existing privacy programs designed for GDPR or CCPA compliance can simply extend to Canadian operations, but Canada's legal requirements demand targeted modifications. This comprehensive guide examines Canada's private sector privacy legislation, breach reporting obligations, AI governance expectations, and anti-spam regulations that businesses must navigate before launching in the Canadian market.
CanadaPrivacy
Miller Thomson
Miller Thomson
Article

Canada’s Children’s Privacy Code: What It Means For Your Organization

On October 20, 2026, the Office of the Privacy Commissioner of Canada (OPC) released its Children’s Privacy Code (“the Code”). It is not new legislation, but that does not make it optional. The Code lays out how the OPC reads the Personal Information Protection and Electronic Documents Act (PIPEDA) when children’s personal information is involved online, and it is a clear preview of what the regulator will look for in complaints and investigations.
CanadaPrivacy
McKercher LLP
McKercher LLP
Article

OPC Issues New PIPEDA Guidance On Assessing Third-Party Service Providers

Canada's privacy regulator has released new draft guidance establishing comprehensive due diligence standards for organizations evaluating third-party service providers under PIPEDA. The framework introduces eleven best practices covering everything from data flow mapping and AI training data sourcing to vendor lock-in risks and ongoing monitoring obligations, signaling heightened expectations for privacy accountability in vendor relationships.
CanadaPrivacy
Bennett Jones LLP
Bennett Jones LLP
Article

Canada’s OpenAI Findings: What Businesses Need To Know About AI And Privacy Compliance

Canadian privacy regulators have completed a joint investigation into OpenAI's ChatGPT, examining whether the company's collection, use, and disclosure of personal information complies with federal and provincial private-sector privacy legislation. The investigation involved the Office of the Privacy Commissioner of Canada alongside regulators from Quebec, British Columbia, and Alberta, scrutinizing OpenAI's practices in developing and operating its AI chatbot platform.
CanadaPrivacy
Aird & Berlis LLP
Aird & Berlis LLP
Article

Gloves Off: Canada Answers U.S. Section 338 Tariffs Dollar-for-Dollar As Washington Escalates With Import Bans

Canada and the United States have entered a new phase of trade conflict, with Canada implementing retaliatory surtaxes on C$27.6 billion of U.S. goods while the United States escalates beyond tariffs to outright import prohibitions on Canadian alcohol, dairy products, and motorcycles. The dispute now extends into government procurement policy, raising questions about compliance strategies and supply chain restructuring as both nations tighten customs enforcement.
CanadaInternational Law
McCarthy Tétrault
McCarthy Tétrault
Article

Federal Government Removes Certain Energy Projects From The Impact Assessment Act Project List

The Canadian government has removed seven types of energy projects from federal impact assessment requirements, shifting review responsibilities to the Canada Energy Regulator and provincial processes. This regulatory change affects pipelines, electrical transmission lines, oil sands facilities, and power plants, fundamentally altering how major energy infrastructure projects will be evaluated and approved across Canada.
CanadaEnvironment
McCarthy Tétrault
McCarthy Tétrault
Article

Productivity Mega Deduction: Key Tax Measures Announced At The Canada Investment Summit

Canada has introduced a permanent Productivity Mega Deduction allowing immediate expensing of up to 100% of eligible capital property costs and Canadian development expenses acquired after September 15, 2026. This measure aims to boost business investment and strengthen Canada's tax competitiveness by expanding immediate expensing eligibility from 15% to approximately two-thirds of capital investments, while reducing the country's marginal effective tax rate to 6.4%.
CanadaTax
McCarthy Tétrault
McCarthy Tétrault
Article

Canada Commits To Airport Privatization Through Long-Term Concessions For Its Four Largest Airports

The Canadian federal government has announced a firm commitment to privatize operations at the country's four largest airports through long-term concessions, marking a decisive shift from earlier exploratory discussions. Prime Minister Mark Carney revealed that while the government will retain ownership of airport lands and assets following the Australian leased-airport model, private investment will be sought to operate Toronto Pearson, Vancouver, Montreal-Trudeau, and Calgary international airports.
CanadaTransport
McCarthy Tétrault
McCarthy Tétrault
Article

Bill C-29 And Canada’s Proposed Financial Crimes Agency: What You Need To Know

Canada is poised to establish its first dedicated Financial Crimes Agency through Bill C-29, a legislative initiative that promises to reshape the country's approach to investigating and prosecuting financial offenses. The proposed agency would operate with broad investigative powers and a sweeping mandate covering everything from money laundering to digital asset crimes, backed by $352.7 million in federal funding over five years. With the authority to create its own specialized police force and coordinate
CanadaCriminal Law
McCarthy Tétrault
McCarthy Tétrault