[Ietf-not43] New EC directive over directories

[Jaap Akkerhuis]

The following came to my attention. This might have some impact on
CRISP.  Note bullet three. Of course, it doesn't mention whois type
services, but I wouldn't be suprised that a lot of gouvernemental
bodies will actually decide that that is also covered by this.

	jaap

    From: "Paul M. Kane" <Paul.Kane@nic.ac>
    Subject: [centr-legal] New Data Protection coming :-(

I've just been made aware of this ..... please see 
http://europa.eu.int/eur-lex/en/dat/2002/l_201/l_20120020731en00370047.pdf

I'll leave the real legal opinion to the lawyers... but .. The directive 
was adopted on 12 July 2002 and requires implementation in Member States 
by 31 October 2003.

*Brief summary of changes*

The new Directive:

    * replaces existing definitions for telecommunications services and
      networks with new definitions for electronic communications and
      services to ensure technological neutrality and clarify the
      position of e-mail and use of the internet;
    * removes the possibility for a subscriber to be charged for
      exercising the right not to appear in public directories;
    * introduces new information and consent requirements on entries in
      publicly available directories, including a requirement that
      subscribers are informed of all the usage possibilities of
      publicly available directories - e.g. reverse searching from a
      telephone number in order to obtain a name and address;
    * extends controls on unsolicited direct marketing to all forms of
      electronic communications including unsolicited commercial e-mail
      (UCE or Spam) and SMS to mobile telephones;
    * clarifies that the Directive does not prevent Member States from
      introducing provisions on the retention of traffic and location
      data for law enforcement purposes;
    * introduces controls on the use of cookies on websites.