whois decision in Korea

[YJ Park]

ICANN's whois policy is violating the "Act on Promotion of Information and
Communications Network Utilization and Information Protection, etc." Article
22. (2). 3. and Article 24. (2).


Article 22 (Collection of Personal Information)


(1) Any provider of information and communications services shall, when he
intends to gather the personal information of a user, obtain a consent
thereof from such user: Provided, That the same shall not apply to the case
falling under each of the following subparagraphs:

1.Where it is necessary to effect a contract for the utilization of
information and communications services;

2.Where it is necessary to adjust fees for the provision of information and
communications services; and

3.Where special provisions exist in this Act or other Acts.


(2) Any provider of information and communications services, when he intends
to obtain the consent referred to in paragraph (1), shall in advance notify
the user of the matters falling under each of the following subparagraphs or
specify such matters in a standardized contract for the utilization of the
information and communications services:

1.The name, department, position, telephone number, and other communication
means of a person in charge of managing the personal information;

2.The objective of gathering and utilizing the personal information;

3. If the personal information is provided to a third person, the
identification of such third person, the objective of providing such
personal information and contents of the personal information to be
provided;

4.The right of the user and his legal representative under Articles 30 (1)
and (2) and 31 (2) and the method of exercising such right; and

5.Other matters, prescribed by the Presidential Decree, which are necessary
to protect the personal information.

Article 24 (Utilization and Provision of Personal Information, etc.)

(1) No provider of information and communications services, with the
exception of the consent of the relevant user or the case falling under each
of the following subparagraphs, shall utilize the personal information or
provide it to any third person beyond the scope of the notification as
prescribed in Article 22 (2) or the limit specified in a standardized
contract for the utilization of the information and communications services:

1.Where it is necessary to adjust fees for the provision of the information
and communications services;

2.Where the personal information is provided after it is processed to the
extent that any specific individual is unidentifiable if such personal
information is necessary to compile statistics, make academic research or
conduct a market survey; and

3.Where special provisions exist in other Acts.

(2) Any person who is provided with the personal information of users by any
provider of the information and communications services, with the exception
of the consent of such users or the existence of special provisions of other
Acts, shall not use the personal information for other purpose than the
purpose for which the personal information is provided or provide such
personal information to any third person.

(3) The providers, etc. of information and communications services
(referring to the providers of information and communications services and
other persons who are provided with the personal information of users by the
former; hereinafter the same shall apply) shall minimize the number of
persons in charge of handling the personal information of users.

(4) Any person who handles or handled the personal information of users
shall not damage, infringe on or leak any personal information of users that
he has learned while performing his duties.


----- Original Message -----
From: "Chun Eung Hwi" <chun at PEACENET.OR.KR>
To: <NCUC-DISCUSS at LISTSERV.SYR.EDU>
Sent: Wednesday, October 08, 2003 8:31 PM
Subject: Re: [NCUC-DISCUSS] whois decision in Korea


> Dear all,
>
> So far as I know it, up to now, the real intention of KISA letter has
> nothing to do with the issue of the clash between national law and whois
> policy. There is no more progress at this point at least at the moment.
>
> regards,
>
> Chun
>
>
> On Wed, 8 Oct 2003, Milton Mueller wrote:
>
> > YJ and Eung Hwi:
> >
> > I hope you can clear this up. It would be VERY important for
> > the current Whois policy deliberations if we could show that
> > Korea's national authorities believe that gTLD Whois policy
> > violates national privacy law by forcing registrants to
> > disclose personal contact information.
> >
>
> --
> ------------------------------------------------------------
> Chun Eung Hwi
> General Secretary, PeaceNet | phone:     (+82)  2-2166-2205
> Seoul Yangchun P.O.Box 81   |   pcs:     (+82) 019-259-2667
> Seoul, 158-600, Korea       | eMail:   chun at peacenet.or.kr
> ------------------------------------------------------------