Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 17 December 2014 — Patrick Breyer v Bundesrepublik Deutschland
Language of the case: German
Parties to the main proceedings
Applicant: Patrick Breyer
Defendant: Bundesrepublik Deutschland
Must Article 2(a) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data 1 — the Data Protection Directive — be interpreted as meaning that an Internet Protocol address (IP address) which a service provider stores when his website is accessed already constitutes personal data for the service provider if a third party (an access provider) has the additional knowledge required in order to identify the data subject?
Does Article 7(f) of the Data Protection Directive preclude a provision in national law under which a service provider may collect and use a user’s personal data without his consent only to the extent necessary in order to facilitate, and charge for, the specific use of the telemedium by the user concerned, and under which the purpose of ensuring the general operability of the telemedium cannot justify use of the data beyond the end of the particular use of the telemedium?________________________1
OJ 1995 L 281, p.31.