Wednesday, May 11, 2005

German Telemedia Act To Weaken Data Protection?

A draft proposal for a new Telemedia Act (Telemediengesetz) by the Federal German government contains a provision that potentially increases the right of service providers to hand over customer data to (copy)rightsholders. According to provision ยง 12(3) ISPs may provide personal data to those who are entitled to receive them by law. This may include copyrightsholder, which seek to enforce their rights against infringement. It should be noted that the draft points out that this provision is still under discussion and that a likewise provision did not make it to the draft for a new German Copyright Act. Which poses my (uninformed) question if this is a fresh legislative attempt to encode the increased focus on enforcement of (copy)rights through ISPs, or born together with its dropped "twin"-provision of the Copyright Act draft.
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Draft Telemediengesetz [German]
Thru Urheberrecht [German]


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