Netherlands:
DDPA Finds Unrestricted Publication Of WHOIS Data Unlawful
06 December 2017
by
Jones Day
,
Laurent De Muyter
,
Undine Von Diemar
,
Marina Foncuberta
,
Olivier Haas
,
Jörg Hladjk
,
Bastiaan Kout
,
Matthijs Lagas
,
Jonathon Little
,
Martin Lotz
,
Hatziri Minaudier
,
Giuseppe Mezzapesa
,
Selma Olthof
,
Audrey Paquet
,
Elizabeth A. Robertson
and
Rhys Thomas
Jones Day
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On October 26, the DDPA found (source document in Dutch) that the
public disclosure of WHOIS data of domain name holders that are
natural persons by Dutch registries violates the Dutch Personal
Data Protection Act (Wet bescherming persoonsgegevens).
WHOIS data includes the domain name holder's name, address,
email address, and telephone number. Under the ICANN 2017 Global Amendment to Registry
Agreements, registries are required to publish personal data of
WHOIS domain name holders without redactions. However, the DDPA
stated that this constitutes a violation of the privacy law because
there is no "legitimate interest" or "necessary
legal grounds" for publishing the data.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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