[gnso-rds-pdp-wg] FW: IMPORTANT

[Rob Golding]

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