With the publication on the Internet, however, opens door to abuse.
Although the following notice is published by nic.at, but this refers mainly to the copyrights of nic.at in the WHOIS directory itself, is insufficient from a privacy perspective.
Particularly problematic is the compulsory publication of the well due to the widespread view of the law in Austria (since 1 January 2014 DPA) also determines the ruling of the Data Protection Commission: “Once published, is published for ever”. In §1 Act 2000 is excluded from legitimate confidentiality interests of published data breach.
This provision may well contradict the EU Data Protection Directive, in the opinion of the Working Party is expressly clarified that personal data continue to enjoy the protection of the Directive even after publication.
In particular, the use for purposes other than those originally specified without the consent of the individual concerned – in the specific case and having regard to the facts – not allowed.
In practice, it is likely to be impossible to prove that, for example, List broker or direct marketing companies use data from WHOIS directories. Therefore, it should be omitted entirely publication of personal data in such directories.
This is quite common in other countries: So the host provider could for example be entered in the WHOIS directory. This would ensure that the holder of a domain could be contacted in the event case.
The argument put forward again and again, so that the law enforcement example Domain disputes or (alleged) copyright infringement is difficult does not hold water. In the case of a corresponding method nic.at and the hosting provider to disclose to the court against the corresponding data are required.
Complicating would not provide the attempts of independent law enforcement by private companies founded by organizations. Such an approach, however, is based on past experience, as in the case of aggressive warning practice of individual lawyers, case “Novak” and general constitutional considerations already largely rejected.