The Working Party is concerned that while the rights of intellectual property rights holders should be protected; some of the new technologies being developed to increase this protection involve the processing of personal data. Accordingly these technologies, and their users, must comply with the rules governing data protection.
Of particular concern, says the Working Party, are digital rights management technologies (DRM technologies), which are designed to protect copyright in material – such as music, films or software - that is stored or transmitted digitally.
DRM technologies work by encrypting the content and managing how that content is used, or by identifying and tracing individuals accessing the content. But this may lead to the monitoring of users, particularly where unique identifiers contained in the material are linked with personal information, says the Working Party.
The group warns that DRM technologies could fall foul of the data protection principles of necessity, transparency, compatibility of purpose, limitations regarding storage of data and the need for anonymous access to network services.
It therefore calls "for a development of technical tools offering privacy compliant properties, and more generally for a transparent and limited use of unique identifiers, with a choice option for the user."
The Working Party also highlights techniques whereby copyright holders enforce their copyright, either by restricting access to authorised parties, or by identifying those who have already accessed the material without authorisation. Most commonly this involves copyright holders collecting the Internet Protocol addresses of infringing users and then requiring ISPs to identify the users.
Enforcement action can then be taken against the user.
"While such processing of information is indisputably legitimate in the framework of one's own litigation," warns the Working Party; "the methods of collection and the nature of the data collected are nevertheless regulated according to data protection principles."
Such investigations must be performed in a clear legal framework, setting out exactly what sort of information can be collected, and the enforcement powers available, says the Working Party.
The Working Party has launched a consultation on the paper, and invites responses by 31st March.
