European Union: Submitted CS request for preliminary ruling in lawsuit concerning national authority access to identification data on the basis of IP address during investigations of online counterfeits (C-470/21)

On 15 November 2021, the french Council of State (CS) referred a request for a preliminary ruling concerning the collection of civil identity data corresponding to IP addresses to the Court of Justice of the European Union (CJEU). The questions revolve around whether such data falls under the scope of traffic and location data requiring prior review by a court or independent administrative entity. If so, whether Directive 2002/58/EC and the Charter of Fundamental Rights preclude national legislation allowing administrative authority to collect such data without prior review. Additionally, if the collection is allowed under precise, restrictive obligations, whether the directive permits an adapted review, such as automated review supervised by an independent department, to prevent hindrance of the administrative authority's public service task.