[gnso-rds-pdp-data] Further summaries

Fri Apr 15 09:17:58 UTC 2016

Hi Benny,
Thanks for writing back. I absolutely agree that this will impact registrars and
any other party involved in the collection or retention of data. We need to give
serious consideration to the impacts this regulation entails, particularly those
which seem to require privacy-by-default, data-minimisation-by-default, and, for
non-EU registrars servicing European clients, Art 3 Para 2, makes it clear that
they must adhere to EU data protection laws too. There are also significant
penalties for non-compliance with the regulation. While I have not read the
document yet — I've just read a few areas where I was most interested — my
feeling is that this regulation no longer subordinates the fundamental right to
privacy to commercial interests. It would not be appropriate for me to comment
here on whether I think that is right or wrong, but reading the EU's press
release makes it clear that this is something the European Parliament considers
to be an important new development. We would be well served considering this
document (which, indeed, you have requested ).
Best wishes,
Ayden
On Fri, Apr 15, 2016 10:03 AM, benny at nordreg.se benny at nordreg.se wrote:
Hi Ayden The “demands” are basically pointed on the suppliers of servises where
personal info are handled. There are still no clear ways of how this will be
implemented but it will clearly impact our industry in a big way in the near
future. And as you might have noticed only England (GB) and Ireland have been
granted not to implement and Denmark have been granted 6 months to consider to
implement. All other memberstates will be affected. -- 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
10:45, gnso-rds-pdp-data at icann.org wrote: > > Hi Benny, > > I agree that we
should be considering the new General Data Protection Regulation which was
adopted yesterday by the European Parliament. I would prefer to use the term,
“consumer protections”, though, in place of “demands”. This document is very
lengthy and I've only skim read a few sections, but it will certainly require
that we adopt a new lens on any activities which are either undertaken in the EU
market or which impact EU residents. > > The two relevant files are below (they
are around 400 pages in total): > >
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CONSIL:ST_5418_2016_INIT&from=EN
>
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CONSIL:ST_5419_2016_INIT&from=EN
> > Best wishes, > > Ayden > > > > On Fri, Apr 15, 2016 9:32 AM, benny--- via
gnso-rds-pdp-data gnso-rds-pdp-data at icann.org wrote: > 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
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 > _______________________________________________ > gnso-rds-pdp-data
mailing list > gnso-rds-pdp-data at icann.org >
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https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data > > > Ayden Férdeline >
+44.77.8018.7421 > _______________________________________________ >
gnso-rds-pdp-data mailing list > gnso-rds-pdp-data at icann.org >
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