Well actually it does - the processing of protected data requires a legal foundation or agreement of the person identified by that data. See DSG Art. 4 Abs. 1 and 4 http://www.admin.ch/ch/d/sr/235_1/a4.html Since IP addresses are now "schützenswerte Daten", processing these is subject to the laws of the DSG - you do not only have to "take care". There are even penalties mentioned in the DSG! But I think this will be explained in more detail when the verdict arrives in writing.
BTW: Todays verdict halts Logisteps business immediately. They are not even allowed to sell information collected up to today anymore.
Florian (twittered live from Lausanne today as @floheinstein)
On Wed, Sep 8, 2010 at 16:32, Juerg Reimann jr@jworld.ch wrote:
I think it's far too early to jump into conclusions right now. The court didn't even state it's reasons in detail. As far as I understand it right now, this does only mean one has to take care about data that contains ip addresses - but not, that such data processing would be a legal problem at all...
Juerg
-----Original Message----- From: swinog-bounces@lists.swinog.ch
[mailto:swinog-bounces@lists.swinog.ch]
On Behalf Of Pascal Gloor Sent: Wednesday, September 08, 2010 4:17 PM To: swinog@lists.swinog.ch Subject: Re: [swinog] IP address are now personal data
I'm trying to make a list of all possible implications/problems that this ruling can make. Please send me a direct mail with your questions and I
will
forward them to a good lawyer (actually, the one involved in that case).
So far, questions/implications I've seen or came to me are:
Any statistics tool those results are public and contains IP addresses (webalizer for example).
This case if clear to me, no need to argue. You can't publish the IPs.
Ensure
that you set the correct option to avoid that part of the stats or maybe there's an anonymizer flag, or maybe, don't make them public.
Wikipedia, if hosted in Switzerland, cannot publish anymore the IP of anonymous editors.
This is also a very clear case, you link the IP with an activity and are therefor protected by the law.
Whatever Blacklists without consent of the admin of the IP..
That's an open question, these blacklists are often listing services IP
(not
personal computers with humans behind). I'm thinking about anti-spam blacklist, like that SwiNOG one!! I will clear that point with the lawyer.
Complete this list please, I want to be sure we can answer all questions
at
one. Maybe I'll setup a page to help people to understand the
implications.
Pascal
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