We have investigated the data processing of a company active in the field of combating copyright infringement and found that the data collection in peer-to-peer file sharing networks does not comply with the basic principles of the DPA. In doing so, however, we in no way question the legitimacy of criminal prosecution of copyright infringement. However, as we have noted, in practice copyright holders abuse their right of access to files in criminal proceedings in order to learn the identity of Internet access holders, thus circumventing the secrecy of telecommunications in the field of private law. In our opinion, a violation of telecommunications secrecy in the civil sphere requires an explicit legal basis. We have recommended that the company in question stop processing data
Source: http://www.edoeb.admin.ch/dokumentation/00153/00291/00312/index.html?lang=de