[gnso-rds-pdp-data] Further summaries

[benny at nordreg.se]

Yesterday EU clubbed there new Dataprotection through so all memberstates and Iceland, Norway and Lichtenstein (EEC countries) have to follow.

Guess we need have a review of the new demands which are in use as per yesterday

--
Med vänliga hälsningar / Kind Regards / Med vennlig hilsen

Benny Samuelsen
Registry Manager - Domainexpert

Nordreg AB - ICANN accredited registrar
IANA-ID: 638
Phone: +46.852529100
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> On 15 Apr 2016, at 10:24, gnso-rds-pdp-data at icann.org wrote:
> 
> Looked at both didn't see anything that may be useful from
> 
> Article 29 WP 5 Recommendation 2/97
> …
> 
> 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 (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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