[gnso-rds-pdp-data] Further summaries

[Richard Padilla]

Looked at both didn't see anything that may be useful from

Article 29 WP 5 Recommendation 2/97
<http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/1997/wp5_en.pdf>

…


There is one paragraph I may have missed from the article below

ICANN's public consultation on 2013 RAA Data Retention Specification Data
Elements and - Legitimate Purposes for Collection and Retention
<https://secure.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/Consultation/Comments/2014/14-04-17_EDPS_letter_to_ICANN_EN.pdf>
(17 April 2014)

…


Summary:

1.   Retention of personal data originally collected for commercial
purposes, and subsequently retained for law enforcement purposes, has been
the subject of a recent landmark ruling by the European Court of Justice,
which held Directive 2006/24/EC to be invalid, as an unjustified
interference with those rights. The Court recognised that the retention of
personal data might be considered appropriate for the purposes of the
detection, investigation and prosecution of serious crime, but judged that
the Directive 'exceeded the limits imposed by compliance with the principle
of proportionality'. It is reasonable to expect requirements for retaining
personal data to be subject to increasing scrutiny and legal challenges in
the EU.

It specifies that EU law was under review and was possible changing after
3/2014 where by a new General Data Protection Regulation which is designed
to replace Directive 95/46/EC and be directly applicable in each of the
twenty-eight EU Member States. There is therefore now a more compelling
need than ever before for ICANN to apply the waiver of the retention period
under the 2013 RAA Data Retention Specification uniformly to all EU Member
States as requested in the 'harmonised statement' of the Working Party
issued by letter of 6 June 2013.
Therefore my opinion will be that if the above had happen then there was an
expectation that ICANN was going to have to abide by the new directive and
ensure that these rules are abide by within the EU or EC now this doesn't
not mention anything for other regions of the world like the Americas etc.
but a possible argument of how the laws have changed and been implemented
for organisations to follow is described above in the summary.

Regards

R. Padilla MSc.
-- 
Richard Padilla MSc
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