Copyright groups may not be able to demand that telecom companies hand over the details of people they suspect of swapping illegal music downloads, a senior legal adviser to the EU's highest court said today.

Juliane Kokott, Advocate General to the European Court of Justice said that while it was necessary for such details to be revealed in criminal prosecutions, EU law does not compel telecom companies to make the same disclosures in civil cases.

Her legal opinion aims to help judges come to a final decision when they decide on legal questions put by a Spanish court looking at a complaint made by Spanish music copyright owners against Telefonica, Spain's largest Internet provider.

Promusicae, a non-profit group of music producers, sued Telefonica for not handing over the names and addresses of internet users it believes are illegally swapping music online.

The Advocate General agreed with Telefonica’s argument that EU law only allows them to share personal data for criminal prosecutions or matters of public security.

The Advocate General’s opinion is not binding on the court but it is followed in around 80 per cent of cases.

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