Re:Judge orders Google to turn over a full year of actor’s data
by vonmoltke on Thursday January 09, 2020 @09:27AM
(#22001421)
Recital 30 specifically calls out IP addresses: https://gdpr-info.eu/recitals/no-30/
While the wording of the Recital leaves some ambiguity as to whether an IP is automatically Personal Data under the GDPR, its specific call-out would make arguing that it is not difficult. This would particularly be the interpretation of American lawyers, who tend to assume that no connection is too tenuous to be held against their client by a shrewd prosecutor or regulator and will thus advise their client to treat all IPs in all situations as Personal Data.
Re:Judge orders Google to turn over a full year of actor’s data
by tjoff on Thursday January 09, 2020 @09:39AM
(#22001510)
It depends on the context. An ISP can trivially map an IP to a person.
So can Amazon/whoever if they saved the IP alongside other customer information.
But a naked ip->person lookup would require a warrant.
Not exactly; it's up to the judges to decide whether IP addresses count as personal information as defined by the GDPR (in my opinion they're not, but I can see why one would think differently), so the flaw isn't as much inherent to the GDPR as to the fact that people just don't understand the internet.