It is known that with the implementation of the EU GDRP in 2018, accessing to the whois of domain names became a problem.
In the context of the ICANN 75, it was discussed the Whois Disclosure System (WDS) which aims to create a System that, on the one hand, complies with the EU GDPR and respects data protection rights; and on the other hand, is capable of creating an easy way that enables brand owners to request registration data of ICANN accredited registrars.
In order to connect the brand owners ‘desire with the Registrars, this system would be accessible through an ICANN Account where a request would be made, and the system would notify the Registrar. However, this is not a compulsory system for the Registrars and would work only for those which agree to participate. Furthermore, the request for registration data does not imply that the info will be given, since the request can be totally or partially denied by the Registrar, despite reasons having to be indicated. Also, in the case that the Registrar shall require further verification of the identity or legal basis from the requestors, this must be done outside of the system.
This first configuration of the system poses some relevant questions around its future success. Firstly, the fact that it is not compulsory for the ICANN accredited registrars limits its use to only those which decide to participate. Also, as previously stressed, there is no guarantee that the requested information will be disclosed, and in the case that the info disclosed is not enough for the requestors, further communications must be carried out outside of the system. Regarding data protection issues, it has been ensured that once the cases are closed and the retention period expired, all personal data relating to a request will be purged from the system.
In conclusion, this WHOIS Disclosure System entails a very first step towards a system that can facilitate the disclosure of registration data in a centralized and effective way, but a better handling of some question will be necessary to ensure the success of this system.
