IP addresses are personal information

IP addresses are personal information

Adam Fields' blog has a good post about the "big fuss" over IP addresses, which is particularly relevant in light of the fight over search logs and subpoenas from the US Department of Justice:

Adam
Fields (weblog) - What's the big fuss about IP addresses?
:

Given the recent fuss
about the government asking for search terms and what qualifies as personally
identifiable information, I want to explain why IP address logging is a big
deal. This explanation is somewhat simplified to make the cases easier to
understand without going into complete detail of all of the possible
configurations, of which there are many. I think I've kept the important stuff
without dwelling on the boundary cases, and be aware that your setup may differ
somewhat. If you feel I've glossed over something important, please leave a
comment.

First, a brief discussion of what IP addresses are and how they
work. Slightly simplified, every device that is connected to the Internet has a
unique number that identifies it, and this number is called an IP address.
Whenever you send any normal network traffic to any other computer on the
network (request a web page, send an email, etc...), it is marked with your IP
address....



I don't think there can be much doubt that an IP address is "personal information" for the purposes of PIPEDA or the Personal Information Protection Acts of BC and Alberta, particularly as it appears in a server log. The information does not have to "identify" an individual, but must be "information about an identifiable individual". George Radwanski, when he was federal Privacy Commissioner held, in Case Summary #25, that a PC's NetBIOS information is "personal information" for the purposes of PIPEDA because it can lead to iformation that is traceable to an identifiable individual. Whether that interpretation would hold up in court is debateable, but any business in Canada should proceed on the assumption that a user's IP address is their personal information.


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