NIC Chile informs that the 11th Chamber of the Court of Appeals of Santiago, in a judgment rendered on May 8, 2019, unanimously accepted the claim of illegality presented against the decision of the Council for the Transparency nº C4730-2018 of December 28, 2018 and resolved to nullify it.

The contested decision was issued by the Council in a procedure of protection filed by a private individual, who requested the delivery of the full list of domain names registered under .CL. This request was denied by NIC Chile, and the Council's decision ordered us to deliver the list, a resolution we claimed it was illegal, with the favorable result that we now announce.

Those who register domain names under .CL provide the required data knowing that their information will be used exclusively for purposes related to the administration of the domain name system. NIC Chile has had an invariable policy of caring for and safeguarding this data and to not hand it over to those who could use them for purposes other than those indicated.

In this particular case, it was considered that the bulk delivery of domain names to a private individual could generate risks of cybersecurity of various kinds, both in access to information as a result of those domain names as well as the possibility that, by having such a list, attacks on servers, phishing, spam or others could be made easier. Similarly, the ruling of the Court of Appeals understood that the delivery of the data affects commercial and economic rights of the holders of these .CL domains, and considered that there is a legal cause that justifies NIC Chile´s refusal to turn over the list of all registered names.

Without prejudice to the fact that the Council for Transparency filed an appeal against the ruling of the 11th Chamber of the Court of Appeals of Santiago, we see with great satisfaction that this court has accepted the arguments of NIC Chile and ratified our invariable policy to maintain due care over the data of all .CL domain name holders. We also trust that the sentence will be confirmed by the Supreme Court.

Link to legal sentence (only in spanish).

NIC Chile
Santiago, May 15, 2019.

NIC Chile, a center of the Faculty of Physical and Mathematical Sciences of the University of Chile, is in charge of administering the domain name registry of .CL, that identifies Chile in the Internet. In this role, it is responsible before the local and global Internet community for its secure and efficient operation, to allow persons, enterprises and institutions to build their identity on the Internet, under.CL.