The MPAA has submitted a statement to the United States Trade Representative detailing what it considers the biggest concerns when doing business in other countries. It seems that the MPAA is mainly concerned about privacy getting in the way of combating piracy. Many countries, particularly in the EU, have privacy protection laws which make it difficult to track down the pirates the MPAA argues.
In the report, the MPAA criticizes the strictness of data protection in the EU, and in particular the fact that IP addresses are considered personal data.
All EU Member States have detailed data protection laws. These rules, often very strict, are subject to the interpretation of the national data protection authorities. These authorities, which have significant discretionary power, work together and regularly adopt opinions and recommendations at the EU level. Most of them consider IP addresses as personal data and believe that the privacy rules apply to their use.
Data retention remains a very valuable tool for law enforcement. Right holders have always claimed the need for reasonable rules and legal certainty. This decision has created even more legal uncertainty in this field. Member States have started to respond to the consequences of this decision with legislation and some have invalidated their rules.