Whois Data Registration Information is Public

On September 7, 2018, the Agency of Access to Public Information (the “Agency”) issued Resolution No. 101/2016, which ordered the National Internet Domain Registry Authority (“Nic Argentina”) to provide certain information to an individual.

This individual had requested from Nic Argentina the information provided by the registrant of a particular domain name. Nic Argentina rejected this request, holding that it could only disclose the information which was already published on its website, consisting of name in full, ID number and registration date.

In response, the individual filed a claim before the Agency, on the grounds that the information which had been requested was public.

The Agency found that Nic Argentina’s response to the individual’s request had only provided partial data. Therefore, it held that the response was inaccurate, incomplete and unjustified, since no reference was made to any of the exceptions set forth in Law No. 27,275 on Access to Public Information Law (the “Law”). The Agency also held that Nic Argentina had breached the principles and rules established by the Law because it failed to involve its highest authority.

The Agency also mentioned that Personal Data Protection Law No. 25,326 establishes that as a general principle the processing of data requires the express and informed consent of the data subject. However, it pointed out that domiciles are exempted from this principle, and that the individual’s request was aimed at this particular piece of information.

Finally, the Agency concluded that although the Law exempts from publicity any information containing personal data, Decree No. 206 establishes that this exception does not apply when it can be presumed that “the information was provided (…) with knowledge that such information would be subject to the government’s public information regime …”

In view of the above, the Agency ordered the information in question to be provided within the following 10 working days.