Fair Balance Between Property Rights of Copyright Holders and Fundamental Rights of Telecom Subscribers to Privacy.

The article focuses on a Finnish Supreme Court decision interpreting Section 60a of the Finnish Copyright Act concerning the disclosure of telecom subscribers' contact details to copyright holders. The Court ruled that contact information must be disclosed when copyrighted material has been made available to the public to a significant extent without authorization, as assessed by factors including the number of works, duration, nature of the material, and subscriber conduct. The case involved peer-to-peer file sharing via BitTorrent technology, where the Court found that sharing copyrighted cinematographic works on such networks constitutes making them available to a new public, justifying disclosure. Balancing copyright holders' property rights and subscribers' privacy rights, the Court held that disclosure of contact details is proportionate and lawful under both Finnish and applicable European Union law, including the General Data Protection Regulation and relevant EU directives.