On July 14, 2017, the AP published its draft decision to consider the data processing by the Dutch FilmWorks (DFW) as lawful.
The DFW is a Dutch film producer that wishes to carry out targeted data collection, including criminal data, without informing data subjects of this data processing (and thus, without obtaining the consent from the data subjects for the processing). The data processing will entail of collecting IP-addresses of individuals that download copyrighted content, with the intention to use the IP-addresses to determine the physical address of the data subjects. The objective of the DFW is eradicating illegal distribution of copyrighted content, including its own works. It has not announced yet whether it intends to claim compensation upon finding illegal downloads.
In accordance with the Dutch Data Protection Act (Wet bescherming persoonsgegevens, Wbp), such activities require an approval from the AP, following a preliminary investigation. For this purpose, the DFW submitted a request to the AP in March 2017.
In its draft decision, the AP reached the conclusion that the intended objective of the DFW justifies the type of data processing that it intends to carry out. Nevertheless, it was also pointed out that actually obtaining the data will be a challenge as many providers have already made clear that without a court order, they will not provide the DFW with the personal data of online users.
The draft decision is currently open for public consultation until August 25, 2017. The full text of the draft decision of the AP can be found here (in Dutch only).