The growing tension between copyright and personal data protection on an online environment: The position of Internet Service Providers according to the European Court of Justice

Online piracy is one of the most interesting, complex and topical issues relating to copyright today. It is engaging because it appeals to academics as much as it does to the general public, and it is as crucial for the governments as it is for the stakeholders involved. Moreover, from a legal perspective, it presents a multitude of interesting aspects to explore. This paper focuses on the specific issue of the tension between enforcement of intellectual property (IP) rights and personal data protection on the internet. More specifically, the position of Internet Service Providers (ISPs) in the battle against online piracy is examined, by reviewing the current status of ISPs and attempting an evaluation of the latest developments on the subject. Although online piracy is a global issue, the present analysis is limited within the European Union, reviewing the policies adopted by the EU institutions and bodies, discussing existing and proposed measures adopted by the Member States and focusing specifically on two cases brought before the European Court of Justice, namely the Promusicae (C-157/06) and Scarlet (C-70-10) cases.