I support Kathy's position: we have to focus on distinguishing between
the compliant and non-compliant uses of the personal data in the WhoIs
database and
1) find solutions to make technically as difficult as possible the use
of the Whois Directory for non-compliant uses; and
2) sanction any non-compliant use.

Cédric
---
On 7/5/17 10:32 AM, Kathy Kleiman wrote:
> +1 Niels. Further, I always thought that the first question to be asked
> under European laws is not how people use the open data, but for what
> purpose is the data collected?
> 
> We now know from the work of the Registration Directory Services WG that
> the purpose of "Whois data" is to support the registration and
> maintenance of a domain name. Accordingly, why review the millions of
> ways that people may use (and misuse) domain name registration data? 
> Why start with the "use cases" and not "the purpose?"
> 
> Best and tx to our NCSG representatives for the time they are dedicating
> to this fast-moving group,
> Kathy
> 
> On 7/5/2017 5:05 AM, Niels ten Oever wrote:
>> That people currently use WHOIS doesn't need they _need_ to use WHOIS.
>>
>> It's important not to conflate things.
>>
>> Owndership information could for instance also be obtained through the
>> Chamber of Commerce or other company registers.
>>
>> Cheers,
>>
>> Niels
>>
>> On 07/05/2017 09:10 AM, Olévié Kouami wrote:
>>> Hi all
>>> Indeed NGOs use WHOIS.
>>> As a registrant they need the use of WHOIS services. The RDS in
>>> construction have to take it info account.
>>> Cheers !
>>> Olévié
>>>
>>> Le 5 juil. 2017 06:40, "Nadira Alaraj" <[log in to unmask]
>>> <mailto:[log in to unmask]>> a écrit :
>>>
>>>      Thanks for this exercise.
>>>      I use the WHOIS for one of the attempts to
>>>       authenticate the registrant of the domain name in particular the
>>>      national NGOs.
>>>
>>>      Best
>>>      Nadira
>>>
>>>      On Jul 4, 2017 1:37 PM, "Ayden Férdeline" <[log in to unmask]
>>>      <mailto:[log in to unmask]>> wrote:
>>>
>>>          Greetings, all-
>>>
>>>          Along with Stephanie Perrin and Wendy Seltzer, I am a part of
>>>          the ICANN GDPR Compliance Consultation Group. This group has
>>>          been formed to help ICANN gather the information it needs to
>>>          engage with data protection authorities and to obtain
>>> actionable
>>>          legal advice.
>>>
>>>          I committed last week to keeping the NCSG updated on the
>>>          activities of the Consultation Group over the coming months.
>>>
>>>          In our first meeting, we committed to participating in a data
>>>          gathering exercise to identify the existing users of WHOIS,
>>> what
>>>          data elements they use, and for what purpose. At this time we
>>>          are not making the determination as to whether a purpose is
>>>          legitimate or illegitimate, though that call will come, or if a
>>>          data element comprises personally identifiable information. For
>>>          now we are simply trying to include all user categories to get
>>>          the most complete set of data points.
>>>
>>>          We are interested in understanding how non-commercial Internet
>>>          users, who we in the NCSG purport to represent the interests
>>> of,
>>>          use WHOIS. We have conducted some informal consultation among
>>>          our peers and have been provided with a few use cases, but not
>>>          too many. It is possible that end users do not use WHOIS widely
>>>          [and that has been the assumption that has informed previous
>>>          exercises like this one], but if you, as an end user, do use
>>>          WHOIS, we would be curious to know for what purpose and which
>>>          data elements you rely on. Please share your thoughts either
>>>          on-list or with me privately, if you prefer.
>>>
>>>          We have a very short turnaround time for this exercise. Our
>>> next
>>>          call is this Thursday, and ICANN staff envision this entire
>>> task
>>>          being completed by next week. The time for you to provide input
>>>          is thus now. Thanks!
>>>
>>>          Best wishes,
>>>
>>>          Ayden Férdeline
>>>          linkedin.com/in/ferdeline
>>> <http://www.linkedin.com/in/ferdeline>
>>>
>>>

-- 
Cédric Laurant
Global Data Privacy Attorney & Public Policy Expert
(http://cedriclaurant.com)
Attorney at Law (District of Columbia Bar, USA) - Abogado | CIPM,
CIPP/US, CIPP/E, FIP
Cedric -at- Laurant -dot- org (**) - OTR Chat: ask for my XMPP
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