The attached is a draft of a soi-disant "publication scheme".
It is for a private company, not a public authority.
So it's completely voluntary to publish such a document. (Actually it's
part of agreed contractual Terms). But it seemed such a useful and
pro-active thing to do, that we plan to do it, or something similar.
I'd appreciate any comments on it.
Please feel free to constructively
criticise, but do bear in mind that this is published in the spirit of
good information management and customer relations, and is not
obligatory under any rule of law . . .
We are also consulting with the Data Protection Commissioner about its
contents.
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Publication Scheme Version X1.0 (DRAFT)
1.0 This is the Publication Scheme referred to by s.14.5 of the Terms
and Conditions for .GG and .JE domain names. (see
http://www.channelisles.net/tandc.html)
2.0 INFORMATION TO BE PUBLISHED
2.1 We may publish the following information ("the Published
Information") extracted from our records of domain name registrations
("the Register"), which may include information about natural persons
which is or might be subject to regulation under the Islands' Data
Protection Law(s) and/or Ordinances and/or European Community Data
Protection principles ("personal
information").
(a) The registered domain name ("the Domain Name").
(b) The computer servers recorded in the Register as providing name
service for the domain name ("Registered Nameservers").
(c) The name of the person (whether legal or natural) whom we have
been notified is the Registrant for the time being of the relevant
domain name ("Registrant Name").
(d) The address given by the Registrant or his agent at the time of
registration or subsequent modification as being the address of the
Registrant for the time being ("Registrant Address").
3.0 EXTENT OF PUBLICATION
3.1 We may publish or disclose information such as that described in s.2
above in response to an enquiry from a member of the public, in a
printed directory, or on or via the Internet.
Internet publication may include publishing or disclosing by means of it
on a publicly accessible web page, or by making it available by the
WHOIS protocol or other search or query tools.
3.2 Because of the world-wide nature of the public network, publishing
and/or disclosing the information on the Internet will necessarily
involve making the information (including any personal information
included within it) accessible in countries and territories outside
the area consisting of the British Islands, Member States of the
European Community and third countries regarded as providing Data
Subjects with adequate protection of personal information.
3.3 Although we do impose strict restrictions regarding multiple
accesses to published information via WHOIS, the nature of
publication under this scheme may enable enquirers to obtain data
about domain name registrations in the aggregate (for example to
identify domain names that are registered to the same person).
4.0 "EX-DIRECTORY" status
4.1 By virtue of s.14.4 of the Terms and Conditions, all natural
persons notified to us as Registrants or Authorised Contacts are
deemed to have given informed consent to publication of their
personal details in accordance with this Publication Scheme.
4.2 Notwithstanding this, under s.14.5 of our contract you may tell us
that you wish us to suppress publication of information including
personal information.
4.3 If you wish to suppress your personal information from publication
in accordance with this provision you must inform us in respect of
each domain name registration containing your personal information
that the relevant domain name(s) is/are to be marked as 'ex-directory'
(i.e 'unlisted').
Such requests must be in writing, signed by the person whose
personal information would otherwise be published with their informed
consent in accordance with our contract and this Publication Scheme.
5.0 LAWFUL DISCLOSURE
Nothing in this Publication scheme or prevents us publishing or
disclosing information in accordance and/or compliance with any
applicable rule of statute or customary (common) law (e.g. the
Regulation of Investigatory Powers Law, or in accordance with the
prevention or detection of crime or civil liability.
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