comment on wois review team - definitions

["Kris Dehing" <dehing.lex@xxxxxxxxxx>]

 From a legal point of view, we suggest to refine the proposed definitions as
follows :

 

 

1.

 

Applicable laws

 

Includes any and all locally applicable laws and legislation in force that
regulate and/or control use, access, and disclosure of personally
identifiable information .

It may also include other relevant legal requirements , including but not
limited to U.N. Universal Declaration of Human Rights etc..

 

Justification :

 

*       'all local and national laws': the restriction 'national' is to
narrow, indeed the regulatory system may imply transnational prescriptions
(for example treaty law provisions) that locally apply
*       further we suggest to add the concept of 'legislation in force' to
the definition, what at our opinion reflects more accurately the intended
reach of regulation 
*       'legal obligations' is relating to 'engagements', 'legal
requirements' or 'legal requirements and obligations' might be more
appropriately formulated
*       'included but not limited to' : to avoid any possibility of an
excessively restricted interpretation   

 

 

2.

 

Consumer w.r.t. WHOIS data and WHOIS Service may mean: any consumer that
acts as a Producer of WHOIS data, Maintainer of WHOIS data and Provider of
WHOIS Service, ore Use of WHOIS data (e.g. individuals commercial or
non-commercial entities who query or consult the WHOIS data)   

  

Justification : 

 

*       I doubt whether it's opportune to postulate the 'legitimate' nature
of the query/consultation. Indeed, anyone can consult these WHOIS data,
legitimately or not, and we don't presume that the WHOIS prescriptions
intend to exclude from their application the non-legitimately seeker for
data.

 

*       'Use' implies at our opinion query AND consultation 

 

 

Yours sincerely,

 

 

 

Kristiaan DEHING

LEXINTA

Law office

6-8, Boulevard Marie-Henriette 6-8

Antwerp 2018

BELGIUM    

 

+ 00.32.3.216.00.06