[Community-Discuss] [members-discuss] Update on legal case

[Owen DeLong]

> On Jul 28, 2021, at 22:37 , JORDI PALET MARTINEZ via Community-Discuss <community-discuss at afrinic.net> wrote:

> 

> Hi Ronald,

> 

> I disagree. At a minimum they were against the equivalent to the GDPR in Mauritius, as they used information collected from whois, mail exploders, etc., for a different purpose that the one agreed.


This incorporates a lot of assumptions about where and how the data was obtained.

It also grants some interesting extraterritorial jurisdiction to Mauritius to go after actors in Hong Kong for violating Mauritian Law by placing calls to countries outside of Mauritius. (based on the previous
claims that the calls originated in Hong Kong).


> I can publish my email and phone in any public mailing list (or whois), but you need my explicit and previous consent for using it for different purposes. Many similar cases have been fined by the DPAs.


I recognize that’s what the EU law says. I’m not convinced one way or the other as to how much you can enforce that EU law in Hong Kong. I’m also not convinced that it even applies when the target of the
call is not within EU or MU (which has a similar law). Many jurisdictions have quite different laws on the subject.

In the US, for example, calls of that nature, lobbying for an election, are considered to be protected free speech, not subject to those limitations.


> Also, it is against the usage terms of the whois and CoC.


I’m not seeing where it’s against the CoC, but I agree that it could be against the ToU for WHOIS if you can prove the data was harvested from WHOIS and not another source.

Owen