[gnso-rds-pdp-wg] ICANN Meetings/Conversations with Data Protection and Privacy Commissioners

[Rob Golding]

On 2017-09-26 19:34, Stephanie Perrin wrote:
> I am going to attempt to answer your question.  Has there been a case
> against ICANN and the WHOIS that has gone to the European Court of
> Justice?  not that I am aware of, and I have looked.  Have the data
> protection commissioners been warning ICANN that the WHOIS is
> violating EU law?  Most assuredly, since 1998, actually.  CHeck the
> Annual report filed by Stefano Rodota, then Chairman of the Article 29
> Working group, Available on the EC website.

Enforcement of the various DPRs hasn't been as "good" as it could be, a 
"dont do it again" and sometimes a nominal penalty is what the UK 
regulator would do after a few hundred complaints

Illegal scraping/use of telephone numbers has certainly been one area 
they have investigated a lot in recent years, with increasing fines 
year-on-year, now obtaining a ban for offenders from running companies 
and (in conjunction with other related offences) pushing for jailtime

Now with much stricter rules, the ability to impose fines over 1,000 
times the previous amounts, I can see them going more gung-ho with these 
new razor-sharp teeth they've been given, especially as regards issue 
which are 10+ years oustanding

Rob