[gnso-rds-pdp-wg] FW: IMPORTANT
Rob Golding
rob.golding at astutium.com
Tue Oct 17 11:39:08 UTC 2017
Keep in mind :
* a _directive_ is an instruction to a member government that they
should craft a law about something
* a _regulation_ is a binging agreement between all members that is law
> Thanks- I meant do you know which provision of the ePrivacy Directive
> makes an exception for public databases so I can take a look at why
> some think it may apply to Whois?
WHOIS doesn't even begin to come up to the standard ...
2002/38
The right to privacy of natural persons and the legitimate interest of
legal persons require that subscribers are able to determine whether
their personal data are published in a directory and if so, which.
2002/39
Any transmission should be subject to the condition that the data may
not be used for other purposes than those for which they were collected.
2002/40
Safeguards should be provided for subscribers against intrusion of their
privacy by unsolicited communications for direct marketing purposes in
particular by means of automated calling machines, telefaxes, and
e-mails, including SMS messages. These forms of unsolicited commercial
communications may on the one hand be relatively easy and cheap to send
and on the other may impose a burden and/or cost on the recipient.
Moreover, in some cases their volume may also cause difficulties for
electronic communications networks and terminal equipment. For such
forms of unsolicited communications for direct marketing, it is
justified to require that prior explicit consent of the recipients is
obtained before such communications are addressed to them
2002/48
It is useful, in the field of application of this Directive, to draw on
the experience of the Working Party on the Protection of Individuals
with regard to the Processing of Personal Data composed of
representatives of the supervisory authorities of the Member States, set
up by Article 29 of Directive 95/46/EC
and so on
Rob
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