Regeste:
Art. 82 et seq. BGG, Art. 3 lit. a, Art. 4 para. 3 and 4, Art. 12 para. 2 lit. a and Art. 13 DSG; inadmissible violation of privacy by processing data on P2P network participants.
A recommendation by the FDPIC in the area of private law pursuant to Art. 29 FADP concerns a matter of public law within the meaning of Art. 82 et seq. BGG (E. 1.1).
Conditions under which IP addresses qualify as personal data within the meaning of Art. 3 lit. a FADP (E. 3).
If the collection of data on P2P network participants is not recognizable to them, this violates the principles of purpose limitation and recognizability under Art. 4 par. 3 and 4 DPA (E. 4).
Despite its wording, the provision of Art. 12 para. 2 lit. a FADP (as in lit. b and c) does not exclude grounds for justification; however, their acceptance is made only with great reluctance (E. 5).
The violation of privacy committed by the respondent with its data processing cannot be justified by overriding private or public interests (E. 6).
Source: BGE 136 II 508
See also swissblawg.