RE: [gnso-reg-sgc] Commercial vs. Non-commercial

["Goodendorf, Lynn (IHG)" <Lynn.Goodendorf@xxxxxxx>]

Based on concepts in the EU Privacy Directive, data protection is
applied to natural persons engaged in private activities.

Yes, the person advertising a local garage sale would be commercial and
I would expect they would advertise their address.

A person putting their resume online would be independent from domain
name registration.

And yes, trading on ebay is commercial and is collecting and processing
personal data of others.

Raising funds for a charity is part of a legal entity, not a natural
person.  As such, the legal entity is not covered under data protection.

Someone keeping records for their club or sports team would be private
and not commercial.

My sorting above is based on the following sections of the EU Privacy
Directive:

Paragraph (12)of the EU Privacy Directive states:
"Whereas the protection principles must apply to all processing of
personal data by any person whose activities are governed by Community
law; whereas there should be excluded the processing of data carried out
by a natural person in the exercise of activities which are exclusively
personal or domestic, such as correspondence and the holding of records
of addresses." 

Paragraph (37)of the EU Privacy Directive states:
"Whereas the processing of personal data for purposes of journalism or
for purposes of literary or artistic expression, in particular in the
audiovisual field, should qualify for exemption from the requirements of
certain provisions of this Directive in so far as this is necessary to
reconcile the fundamental rights of individuals with freedom of
information and notably the right to receive and impart information, as
guaranteed in particular in Article 10 of the European Convention for
the Protection of Human Rights.... 

-----Original Message-----
From: owner-gnso-reg-sgc@xxxxxxxxx [mailto:owner-gnso-reg-sgc@xxxxxxxxx]
On Behalf Of Avri Doria
Sent: Tuesday, May 22, 2007 1:59 AM
To: gnso-reg-sgc@xxxxxxxxx
Subject: Re: [gnso-reg-sgc] Commercial vs. Non-commercial

hi,

i am having some trouble understanding the implications of the decision
procedure.
A couple of test questions that might help me;

- would the person advertising a local garage sale be commercial?
- would  a person advertising an online 'garage sale' be commercial?
- would a person putting their resume on line saying they were looking
for work be commercial?
- does engaging in ebay make you commercial?
- does raising funds for a charity on line make one commercial?
- if someone keeps the records for the local futbol team, their wine
society, or the local theatre group, are they commercial?

a.



On 21 maj 2007, at 18.56, Christopher Gibson wrote:

> _____________________________________
>
>
> Commercial vs. Non-Commercial Activity
>
>
>
> For purposes of considering issues related to access to, and 
> disclosure of, WHOIS data:
>
>
>
> (1) Step One - the registered name holder is a:
>
>
>
> (a) legal person (e.g., companies, businesses, partnerships, non- 
> profit entities, etc.,), or
>
>
>
> (b) natural person.
>
>
>
> (We assume the distinction between legal vs. natural persons would 
> apply, so that the commercial vs. non-commercial distinction needs to 
> be considered only in relation to natural persons).
>
>
>
> (2) Step Two
>
>
>
> (a) commercial activity means only those activities carried out by  
> natural persons which involve:
>
>
>
> (i) the offer or sale of goods or services;
>
>
>
> (ii) the solicitation or collection of money or payments-in-kind  
> for goods or services;
>
>
>
> (iii) marketing activities including advertising or sale of  
> advertising (e.g., these categories would include websites  
> containing paid hypertext links);
>
>
>
> (iv) all activities carried out by natural persons on behalf of  
> legal persons; or
>
>
>
> (v) the collection, holding or processing of personal data (or  
> instructing another legal or natural person to collect, hold,  
> process, use, transfer or disclose such data), except in the  
> exercise of activities which relate exclusively to personal,  
> family, domestic or household affairs, such as correspondence or  
> the holding of address books containing family, friends and  
> professional contacts.
>
>
>
> (b) non-commercial activity means activities by natural persons  
> which do not fall within paragraph (2)(a) above.
>
>
>
> ___________________________________
>
>