Thanks for the link to the article.

I find it strange that someone visits my website, using an IP address from an 
ISP's allocated IP address space, and hypothetically I could through lawful 
means compel the ISP to reveal to  me account details like name and address of 
the ISP customer corresponding to that IP address at the time of the website 
visit.  And is the court worried that I can obtain those details, which are 
surely personal data?  No, the court is worried that I retain a logfile showing 
what IP address visited my website.

Not sure if it mattered that the website in the court case was a government 
website.

Also I am in the US, and here the most likely reason for serving an ISP with a 
court order to obtain customer account details corresponding to an IP address 
would be some sort of criminal activity like trafficking in child porn, 
soliciting minors online for sex, plotting a terrorist act, ....  And the 
entity wanting the information would be law enforcement.  I guess everybody has 
stuff like Facebook and Cambridge Analytica on the brain now, rather than 
kiddie porn or terrorists.  Or copyright trolls and bootleg music, that's 
ancient history.

Germany seems to be an outlier in all this, I saw an article recently about 
Facebook "deletion centers" in Germany, with the largest one in Berlin 
employing over 1,200 "content moderators".

https://www.nytimes.com/2018/05/19/technology/facebook-deletion-center-germany.html

Having "deletion centers" seems very  Orwellian.  I'm not sure which is more 
disturbing, the fact that we have government mandated deletion centers, or that 
social media has so much objectionable content that we need deletion centers.

I've got to go now, the Ministry of Truth is contacting me on the Telescreen.


-----Original Message-----
From: Blueonyx <blueonyx-boun...@mail.blueonyx.it> On Behalf Of Michael Stauber
Sent: Thursday, May 24, 2018 9:58 PM
To: blueonyx@mail.blueonyx.it
Subject: [BlueOnyx:22109] Re: Attn. German BlueOnyx users: DSGVO update (again!)

Hi Ken,

> If website logfiles are to be purged after 7 or 14 days, are you 
> allowed to keep website analytics as long as they are anonymous, i.e. 
> divorced from visitor identification like IP addresses?  I'm talking 
> about counts of pageviews and unique visitors, top referrers and entry 
> pages, browsers, etc.

I am no lawyer, so I can only tell you what I *think* the law means and would 
ask you to get the solid facts from an GDPR expert or lawyer.

It is my impression that it's fine to keep anonymized website analytic data 
that has been sanitized of parts of the visitors IP. However: The thing here is 
that the degree of anonymization is debatable. Is it enough to strip the last 
octet off an IPv4 address? And the last segment of an IPv6 IP? Or does it need 
to more than that?

From what I read into the German implementation of the law this whole thing is 
such a vague and ambiguous shit-show that it will keep lawyers and courts well 
fed for the next 10-15 years.

> (Still not sure why an IP address is considered personal or private 
> information.)

That was established in the Court of Justice of the European Union (the
"CJEU") in the ruling of Case 582/14 – Patrick Breyer v Germany.

See:
https://www.whitecase.com/publications/alert/court-confirms-ip-addresses-are-personal-data-some-cases

The full court ruling can be found here:

http://curia.europa.eu/juris/document/document.jsf?text=&docid=184668&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1

--
With best regards

Michael Stauber
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