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

[Avri Doria <avri@xxxxxxx>]

On 22 maj 2007, at 14.14, Goodendorf, Lynn (IHG) wrote:

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

thanks you for the answers.

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

yes, the green house on the corner across the canal from old church.
they might not list a phone number or a email address.

> A person putting their resume online would be independent from domain

> name registration.

how do you mean?  i have a domain, and now, having lost my job, i am  
looking for work.  while i would like a full time job, i am willing  
to talk about anything.  at this point, i have become commercial?

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

ok.

> 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.

i am not sure i understand.  when i solicit funds for the revlon  
cancer walk using a web site under my domain name, giving the address  
of the revlon site where they will give my registration number and  
their credit card, have i become a commercial entitiy?

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

even if they collect dues? or uniform deposit fees?

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

perhaps, but i do not understand how the principle is applied.
forgive me if i am slow at grasping how this would work in practice  
and how it would avoid identifying natural person in the course of  
normal life activities being identified as commercial and hence in  
violation of the rules governing self declaration.

a.

> 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.
> >
> >
> >
> > ___________________________________