Court of Justice 12 May 2016, C-582/14 (Patrick Breyer v Bundesrepublik Deutschland.)

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The Advocate General opines that a dynamic IP address constitutes 'personal data' under Article 2(a) of Directive 95/46/EC for a website operator if an Internet service provider possesses additional data that can reasonably be used to identify the user. Furthermore, the Opinion suggests that Article 7(f) of the Directive precludes national legislation that restricts the processing of such data to specific billing purposes, thereby preventing a case-by-case balancing of the controller's legitimate interest in ensuring website operability against the user's fundamental rights. Consequently, the Advocate General recommends that Member States must allow for the consideration of legitimate interests beyond mere service facilitation and invoicing.AI