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Spanish Agency of Protection of Data: IP address is personal data

Law 257/2007 of 18 October, retention of data relating to electronic communications and public communications networks, requires providers of Internet access to retain traffic data and billing for a maximum period of twelve months to the general interest of fighting crime and cybercrime. With regard to Internet access, among those retained data set (section 3.2.i) "the Internet Protocol address, whether dynamic or static, allocated by the Internet access provider to a communication, and the user ID or subscriber or registered user. "

The English Agency for Data Protection (AEPD) has ruled in its subsequent reports and statements that the IP addresses (the numerical sequence that identifies the interface of a device connected to the network, eg a computer) are data personal and therefore subject to the rules on data protection of individuals. This is expressed, among other resolutions issued by the AEPD, Report 327/2003, and the Declaration on Internet browsers December 1, 2007.

AEPD This consideration of the concerns the fixed IP addresses, but also the dynamics, since in many cases to identify the user, all against the common interpretation that considers IP addresses are not themselves a personal data to its effective partnership with an individual, the device owner or user of it at the time of connection and / or Data Access Network, contributes to this interpretation, for example, that the fact that corporate internal networks often have a unique IP address for all users too can hinder the identification of the user who access or action. But this should not be a problem when performing this type of identification, since the company can implement appropriate measures and simple to control the use of the Intranet of the organization and Internet access by employees previously informed of these circumstances.

Finally, regarding implementation of appropriate security measures for files containing addresses IP, keep in mind that according to Article 81.4 of the Regulations implementing the Data Protection Act, "the files for which they are responsible operators providing electronic communications services available to the public or operate electronic communications networks with respect to data traffic and location data, shall also apply security measures and middle-level, as high level security contained in Article 103 "of the regulation on access log, which requires, among other requirements, the minimum storage period of the recorded data is two years. Mary

Teresa Nevado

(Posted by Aude, Information Security, http://www.audea.com/ ).

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The Whois and protection of personal data

For Whois database of more or less public access (as the registrar and the domain type in question), which displayed the details of the holder of the domain name, along with technical data , administrative and billing for that domain name. As for the advertising of such personal data of the holder of the domain name, in connection with the domain. Is, there is no specific regulation on this issue.

We consider first that, although Whois may be a public database, does not appear among the list valuation of "publicly available sources" offered by the Law 15/1999 on Protection of Personal Data (Article 3 j), and constitute an exception to the controller's duty to inform the person concerned and seek their consent. Its sole purpose is to link a domain with its owner, with no legal obligation for the owner of consent to publication of such data.

Thus, to take any action on sending commercial communications to the holder of the domain, or other type of treatment, we must at all times the prior consent of the person concerned and inform them of the purpose of the use of the data, the possibility of exercising rights of access, rectification, cancellation and opposition, and so on. Maria Teresa Nevado



(Posted by Aude, Information Security, http://www.audea.com/ ).

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Spain, the first country in the world Creative Commons licenses

Spain is the first country in the world in the adoption of Creative Commons licenses: over ten million pieces (10271924). The followed by Italy (8804446), United States (7,341,065) Taiwan (5,296,238), Japan, South Korea, France and Germany.

The Creative Commons licensing system to define what type of authorized use, the author gives the user to a particular work can even create different licenses for works or different kinds of works. According to Creative Commons, the CC most widespread in Spain, among the different possible versions, is the least restrictive for the user, and it gives the author rights (without giving them, and for specific cases) to copy, distribute , obligation to share under the same licensing, commercial and noncommercial use, adaptation, transformation, etc., but without affecting the public domain, copyright and moral rights of attribution in this work. Creative Commons License The second most widespread in Spain is curiously which impose additional constraints to the user. In the multiple possibilities between these two versions, the author chooses which decides to exercise rights on his own work and decide what to sacrifice for the sake of coming to a greater number of persons, or other motivations.

Conceptually this is a very good idea, an instrument created with a good intention. However, there may be problems apparently not covered by the designers of such licenses. For example, by becoming the alternative model of protection of intellectual property rights, can become very protective collide with the Copyright Act, where the assignment of rights requires their translation in writing, nor is there an act of acceptance of the assignee, which is unprotected and can not prove their legitimate action in the event that the author remove the CC logo of the work in question ... They are certainly flaws that must be polished to be used this creative and well-intentioned tool with all the guarantees for authors and users. Maria Teresa Nevado



(Posted by Aude, Information Security, http://www.audea.com/ ).