WHOIS Public safety and data protection requirements.

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Presentation transcript:

WHOIS Public safety and data protection requirements

WHOIS: Reconciling requirements Why accountability? Accountability vs privacy – a tradeoff?

WHOIS and law enforcement ICANN Affirmation of Commitments Obligation to maintain timely, unrestricted and public access to accurate and complete WHOIS information, including registrant, technical, billing, and administrative contact information Every 3 years: review to assess effectiveness to meet legitimate needs of law enforcement and promote consumer trust

WHOIS and law enforcement GAC 2007 Communiqué: WHOIS Principles Assisting law enforcement in investigations and enforcing national and international laws; Assisting in combating against abusive uses; Assisting businesses and others in combating fraud and safeguarding the interests of the public

Data Protection and Security: the principles Fundamental rights: Art. 6, 7 and 8 EU Charter Key rights in a democratic society Balance with other fundamental rights

EU Data Protection: the legislation Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data Personal Data Processing Data Quality Justification

EU Data Protection: actors Council of the EU; European Parliament European Commission National DP authorities Art. 29 Working Party Court of Justice of the European Union

Public Safety, Data Protection and WHOIS Availability Access Accuracy

Thank you for your attention! The views expressed in this presentation are my own and may not be interpreted as stating an official position of the European Commission.