For many years, Dutch Internet users were allowed to download copyrighted content without reprisals, provided it was for their own personal use.
In 2014, however, the European Court of Justice ruled that the country’s “piracy levy” to compensate rightsholders was unlawful. Almost immediately, the government announced a downloading ban.
In March 2016, anti-piracy outfit BREIN followed up by obtaining permission from the Dutch Data Protection Authority to track and store the personal data of alleged BitTorrent pirates. This year, movie distributor Dutch FilmWorks (DFW) made a similar application.
The company said that it would be pursuing alleged pirates to deter future infringement but many suspected that securing cash settlements was its main aim. That was confirmed in August.
“[The letter to alleged pirates] will propose a fee. If someone does not agree [to pay], the organization can start a lawsuit,” said DFW CEO Willem Pruijsserts
“In Germany, this costs between €800 and €1,000, although we find this a bit excessive. But of course it has to be a deterrent, so it will be more than a tenner or two,” he added.
But despite the grand plans, nothing would be possible without first obtaining the necessary permission from the Data Protection Authority. This Wednesday, however, that arrived.
“DFW has given sufficient guarantees for the proper and careful processing of personal data. This means that DFW has been given a green light from the Data Protection Authority to collect personal data, such as IP addresses, from people downloading from illegal sources,” the Authority announced.
Noting that it received feedback from four entities during the six-week consultation process following the publication of its draft decision during the summer, the Data Protection Authority said that further investigations were duly carried out. All input was considered before handing down the final decision.
The Authority said it was satisfied that personal data would be handled correctly and that the information collected and stored would be encrypted and hashed to ensure integrity. Furthermore, data will not be retained for longer than is necessary.
“DFW has stated…that data from users with Dutch IP addresses who were involved in the exchange of a title owned by DFW, but in respect of which there is no intention to follow up on that within three months after receipt, will be destroyed,” the decision reads.
For any cases that are active and haven’t been discarded in the initial three-month period, DFW will be allowed to hold alleged pirates’ data for a maximum of five years, a period that matches the time a company has to file a claim under the Dutch Civil Code.
“When DFW does follow up on a file, DFW carries out further research into the identity of the users of the IP addresses. For this, it is necessary to contact the Internet service providers of the subscribers who used the IP addresses found in the BitTorrent network,” the Authority notes.
According to the decision, once DFW has a person’s details it can take any of several actions, starting with a simple warning or moving up to an amicable cash settlement. Failing that, it might choose to file a full-on court case in which the distributor seeks an injunction against the alleged pirate plus compensation and costs.
Only time will tell what strategy DFW will deploy against alleged pirates but since these schemes aren’t cheap to run, it’s likely that simple warning letters will be seriously outnumbered by demands for cash settlement.
While it seems unlikely that the Data Protection Authority will change its mind at this late stage, it’s decision remains open to appeal. Interested parties have just under six weeks to make their voices heard. Failing that, copyright trolling will hit the Netherlands in the weeks and months to come.
The full decision can be found here (Dutch, pdf) via Tweakers