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Court decision · 24 April 2018

Benedik v. Slovenia

Application no. 62357/14, judgment of 24 April 2018 · European Court of Human Rights

Council of Europe (ECtHR)Personal dataSecurity

What it means for your code

An IP address in your logs is identifying data the moment it can be resolved to a person. Treat lawful-access requests for it as requiring a proper legal instrument, and log what you disclosed.

What happened

Police obtained the subscriber information behind a dynamic IP address from an internet provider without a court order, having observed the address in a file-sharing network.

What was decided

Even where an IP address is observed publicly, linking it to a subscriber's identity is an interference with private life and requires a legal basis with adequate safeguards; the absence of judicial authorisation violated Article 8.

The legal test applied

  • Resolving a dynamic IP address to a subscriber's identity interferes with private life
  • Public observation of the address does not remove the expectation of privacy in the identity behind it
  • The interference requires a legal basis with adequate safeguards, including judicial authorisation

What would have changed the outcome

  • A properly authorised order with recorded grounds satisfies Art. 8
Read the decision at the source

Summary and analysis by Lawpatch, checked by an editor against the source. Risk analysis, not legal advice; the law may have moved on since this decision.