Well actually it does - the processing of protected data requires a legal foundation or agreement of the person identified by that data. See DSG Art. 4 Abs. 1 and 4 http://www.admin.ch/ch/d/sr/235_1/a4.html Since IP addresses are now "schützenswerte Daten", processing these is subject to the laws of the DSG - you do not only have to "take care". There are even penalties mentioned in the DSG! But I think this will be explained in more detail when the verdict arrives in writing.
BTW: Todays verdict halts Logisteps business immediately. They are not even allowed to sell information collected up to today anymore. Florian (twittered live from Lausanne today as @floheinstein) On Wed, Sep 8, 2010 at 16:32, Juerg Reimann <j...@jworld.ch> wrote: > I think it's far too early to jump into conclusions right now. The court > didn't even state it's reasons in detail. As far as I understand it right > now, this does only mean one has to take care about data that contains ip > addresses - but not, that such data processing would be a legal problem at > all... > > Juerg > >> -----Original Message----- >> From: swinog-boun...@lists.swinog.ch > [mailto:swinog-boun...@lists.swinog.ch] >> On Behalf Of Pascal Gloor >> Sent: Wednesday, September 08, 2010 4:17 PM >> To: swinog@lists.swinog.ch >> Subject: Re: [swinog] IP address are now personal data >> >> I'm trying to make a list of all possible implications/problems that this >> ruling can make. Please send me a direct mail with your questions and I > will >> forward them to a good lawyer (actually, the one involved in that case). >> >> So far, questions/implications I've seen or came to me are: >> >> --- >> >> Any statistics tool those results are public and contains IP addresses >> (webalizer for example). >> >> This case if clear to me, no need to argue. You can't publish the IPs. > Ensure >> that you set the correct option to avoid that part of the stats or maybe >> there's an anonymizer flag, or maybe, don't make them public. >> >> --- >> >> Wikipedia, if hosted in Switzerland, cannot publish anymore the IP of >> anonymous editors. >> >> This is also a very clear case, you link the IP with an activity and are >> therefor protected by the law. >> >> --- >> >> Whatever Blacklists without consent of the admin of the IP.. >> >> That's an open question, these blacklists are often listing services IP > (not >> personal computers with humans behind). I'm thinking about anti-spam >> blacklist, like that SwiNOG one!! I will clear that point with the lawyer. >> >> --- >> >> Complete this list please, I want to be sure we can answer all questions > at >> one. Maybe I'll setup a page to help people to understand the > implications. >> >> >> Pascal >> >> _______________________________________________ >> swinog mailing list >> swinog@lists.swinog.ch >> http://lists.swinog.ch/cgi-bin/mailman/listinfo/swinog > > > > _______________________________________________ > swinog mailing list > swinog@lists.swinog.ch > http://lists.swinog.ch/cgi-bin/mailman/listinfo/swinog > _______________________________________________ swinog mailing list swinog@lists.swinog.ch http://lists.swinog.ch/cgi-bin/mailman/listinfo/swinog
