[gnso-rds-pdp-data] Further summaries

[Richard Padilla]

Thanks Benny I will drop a summary on this as well it will be useful

Regards

R

On Fri, 15 Apr 2016 at 04:34 benny at nordreg.se <benny at nordreg.se> wrote:

> Forgot the link to the announcement
>
> http://www.europarl.europa.eu/news/en/news-room/20160407IPR21776/Data-protection-reform-Parliament-approves-new-rules-fit-for-the-digital-era
>
>
> --
> Med vänliga hälsningar / Kind Regards / Med vennlig hilsen
>
> Benny Samuelsen
> Registry Manager - Domainexpert
>
> Nordreg AB - ICANN accredited registrar
> IANA-ID: 638
> Phone: +46.852529100
> Direct: +47.32260201
> Mobile: +47.40410200
>
> > 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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> > gnso-rds-pdp-data at icann.org
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>
> --
Richard Padilla MSc
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