Three Strikes, Not Out: EMI v Data Protection Commissioner

On 27 June 2012, EMI Records (Ireland) Ltd, Sony Music Entertainment Ireland Ltd, Universal Music Ireland Ltd and Warner Music Ireland Ltd secured a court order in the Commercial Court quashing a notice issued by the Data Protection Commissioner (the "Commissioner") directing eircom to cease using the "three strikes" system which is aimed at preventing the illegal downloading of music.

Under that agreement, eircom subscribers would lose their internet access for a week after three copyright infringements and lose access completely after four infringements.  The music companies challenged the Commissioner's enforcement notice of 5 December 2011, which sought to ban the three strike policy on privacy and data protection grounds following a complaint by a subscriber who had been wrongly notified of a copyright infringement on his account due to an error by eircom.