Copyright infringement - Request of users details

DaveL

Well-known member
Afternoon.
Using the standard Xenforo T&C's + Privacy policy.
My site allows people to upload and share work they have created. However just had one member that has shared about six lots of paid work from other people. This has now been removed along with that member.
One of the owners of the paid work is asking for that users details so they can remove them from their shop database and look at further potential action.
Presuming this is not possible in the UK due to GDPR?
 

Mr Lucky

Well-known member
Presuming this is not possible in the UK due to GDPR?

Technically it is of course possible, whether it breaches privacy laws is something that you should get formal legal advice ideally. I think it probably does. If it was me I would not go to that expense and instead ask advice of the ICO.

I think since Brexit it is no longer GDPR, but similar regulations do still exist remain (might be called UK GDPR now).

The easiest response to the rights holder is to say sorry that they are no longer a member and so their personal details are no longer on your database.

Even if you do still have the information, I would protect myself be saying that I would be happy to give them the information only if required to do so by law enforcement or legitimate court order or warrant. Much as I might love to grass up the IP thief and also get myself off the hook for hosting the infringed material inadvertently until I was informed of the breach.

But note this is all informal, I'm not a lawyer and again, first step ask the ICO

 
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Slavik

XenForo moderator
Staff member
One of the owners of the paid work is asking for that users details so they can remove them from their shop database and look at further potential action.


Nope. Absolutely not. As a data controller you are responsible for protecting the data in your possession unless it falls under very narrow exemptions.

If he wants that info, and you still have it, he will need a court order for you to legally hand it over.
 

DaveL

Well-known member
Thank you both for your replies, and is pretty much what I replied. I said as much as I would be happy to divulge this infomation due to the copyright infringement, I need to abide by GDPR and seek advice.
The content has been deleted and the member banned. They were happy with this action.
 
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