Argentine regulator holds that who-is data from NIC AR is public information
On July 11th, 2018, a trademark lawyer submitted a request for access to public information under the freedom of information act (Law No. 27,275) to the registrar of domain names for the “.com.ar” ccTLD of Argentina (the National Directorate of the Internet Domain Registry or “NIC AR”). The request´s purpose involved the access to the data declared by the registrant when he requested a domain name.
NIC AR informed to the applicant that they could only provide the data available in NIC AR´s official website AR. In this sense, NIC AR denied the complete data supplied by Mr. Driussi at the time of requesting the domain.
In consequence, the applicant of the freedom of information request filed a complaint at the Agency of Access to Public Information, in terms of Law No. 27,275. The Agency agreed with the applicant and argued that the information provided by NIC AR was insufficient in relation to the applicant's request. The Agency sustained, based on article 13 of Law No. 27,275, that the silence of the required party, as well as ambiguity, inaccuracy or incomplete delivery, are considered as an unjustified denial. In addition, the Agency highlighted the guiding principle in terms of access to information that requires requested parties to act in good faith.
Based on the breach of the principles and rules established by Law No. 25,275, the Agency asked NIC AR to provide all the required information. Added to this, the Agency sustained that the consent of the data subject was not necessary with support in article 5 of Law No. 25,326 on Protection of Personal Data. The Agency added that certain information, such as the data subject´s address, can be freely processed, and its advertising does not affect data protection.
Finally, the Agency added that, although Article 8 of Law No. 25.275 excludes public information that contains personal data, Decree No. 206 indicates that this exception will be inapplicable when the information has been provided by the data subject with the knowledge that it would be subject to the regime of public information.
For further information on this topic please contact Pablo A. Palazzi