[gnso-rds-pdp-wg] ICANN Legal Opinion on GDPR - Part 1

[John Bambenek]

Yes. Because such a conclusion presupposes nothing changes up to the point data makes it to a directory, and that is not true. The question is more broad then merely whois queries and who can perform them. 

For instance, if whois privacy was free for natural persons, the nature of the discussion and conclusions changes drastically. 

--
John Bambenek

> On Oct 19, 2017, at 14:51, Chuck <consult at cgomes.com> wrote:
> 
> I want to call attention to the following paragraph:
> 
> "The memo highlights the complexity of these issues in the domain name
> space, and concludes that the current open, publicly available WHOIS
> services cannot remain unchanged. The WHOIS system has to become adaptable
> to address the GDPR from the European perspective, as well as other changing
> regulations around the world."
> 
> After input from Data Protection experts, the Wilson Sonsini memo and now
> this memo, do any in the WG disagree with this statement?
> 
> Chuck
> 
> 
> 
> -----Original Message-----
> From: gnso-rds-pdp-wg-bounces at icann.org
> [mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Alan Greenberg
> Sent: Thursday, October 19, 2017 5:04 AM
> To: GNSO RDS PDP <gnso-rds-pdp-wg at icann.org>
> Subject: Re: [gnso-rds-pdp-wg] ICANN Legal Opinion on GDPR - Part 1
> 
> Full Blog post is at
> https://www.icann.org/news/blog/data-protection-and-privacy-update.  Alan
> 
> At 19/10/2017 12:23 AM, Alan Greenberg wrote:
>> Perhaps it has already been posted, but if not, ICANN has received the 
>> first part of the independent legal analysis of the GDPR in relation to 
>> WHOIS that had been commissioned.
>> 
>> It can be found at
>> https://www.icann.org/en/system/files/files/gdpr-memorandum-part1-16oct17-e
> n.pdf.
>> 
>> Alan
> 
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