Benedik v Slovenia: Police need a court order to access subscriber information associated with a dynamic IP address

By Argyro Chatzinikolaou, (Doctoral Researcher), Law & Technology research group, Ghent University

Recently, the Fourth Section of the Court held in its judgement in the case of Benedik v Slovenia that there had been a violation of Article 8 (right to respect for private and family life) with regard to the failure of the Slovenian police to obtain a court order before accessing subscriber information associated with a dynamic IP address[1]. More precisely, according to the Court, the legal provision used by the Slovenian police in order to access subscriber information associated with a dynamic IP address without first obtaining a court order had not met the Convention standard of being ‘in accordance with the law’.
Continue reading