[Gnso-epdp-team] Proposed redline on the lawfulness of processing

[Kavouss Arasteh]

Suggested Redlines to ensure lawfulness of processing is not limited to
Article 6.1.f and thus subject to a balancing test.




Section 4.4



However, such Processing must be in a manner that complies with the GDPR,
including on the basis of a specific identified purpose for such
Processing. Accordingly, Personal Data included in Registration Data may be
Processed on the lawful bases as scoped in GDPR Article 2 or as enumerated
in GDPR  Article 6.1, and for at least the following legitimate purposes:

Comments from Kavouss

In order to enable the reader to agree with the proposed changes, the
referred Articles of GPDR should be hyperlinked.However, therte are two
WAYS:

One WAY would be that the Text of Temp .Specification, which at later date
become definitive specification should be self contained and self
sufficient in order to avois D the readers to refer to other sources as
well as to avoid misinterpretation of several terms and associated
qulaifiers mentioned in those Articles.

The Second way would be to make the text as concise and short as possible
but cross reference to othe Articles of GPDR with the risk of unintended
misiterpretations and lack of definitions of terms and qualifiers used in
those Articles

Appendix A.4.1



*4. Access to Non-Public Registration Data *



4.1. Registrar and Registry Operator MUST provide reasonable access to
Personal Data in Registration Data to third parties on the lawful bases as
scoped in GDPR Article 2 and as enumerated in GDPR Article 6.1.

See above comments




Appendix C.2



*2. Lawfulness of Processing *



For Personal Data Processed in connection with the Registration Data
Directory Services, such Processing will take place on the lawful bases as
scoped in GDPR Article 2 and as enumerated in GDPR Article 6.1, For other
Personal Data collected for other purposes, such Personal Data SHALL NOT be
Processed unless a legal basis specified under Article 6(1) GDPR applies.

See above comments

On Mon, Sep 3, 2018 at 10:10 PM Alex Deacon <alex at colevalleyconsulting.com>
wrote:

> All,
>
> On Thursday I took an action to propose updates that ensures lawfulness of
> processing is not limited to Article 6.1.f (and thus subject to a balancing
> test).
>
> I've attached a proposed redline for discussion.   You will note it
> addresses Section 4.4 and Appendix C.2 (per my action) and for completeness
> I also updated Appendix  A.4.1 for consistency.
>
> Regards,
> Alex
>
>
>
>
> --
> ___________
> *Alex Deacon*
> Cole Valley Consulting
> alex at colevalleyconsulting.com
> +1.415.488.6009
>
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> Gnso-epdp-team at icann.org
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