EU Court Answers: Are Dynamic IP Addresses Personal Data?

The foundational concept in EU data protection law is that of 'personal data', and yet its meaning is not entirely clear. In the recent Breyer case, the German courts sought clarification from the EU's highest court, the Court of Justice of the European Union (the "Court"), on the status of dynamic IP addresses. Mr Breyer, alleging that dynamic IP addresses constituted his personal data, challenged the collection, use and storage of IP access logs on German state-owned websites.

Last month, we analysed the Opinion of the Advocate General, the independent advisor to the Court. The Court's judgment now provides us with additional guidance on what is personal data, but unfortunately the position still lacks clarity. We now look at the significance of the Court's judgment.