[Gnso-rds-pdp-privacy] Global Data Protections Laws - a rapidly growing number

[David Cake]

> On 3 Apr 2016, at 7:57 PM, Farell Folly via Gnso-rds-pdp-privacy <gnso-rds-pdp-privacy at icann.org> wrote:
> 
> Most of the grounds are related to the user consent while  one explicitly recommends to make some balance tests : necessity against data subject freedom or right to protection against freedom of expression.
> All the documents provided by most of us are mostly dealing with "what information can be accessed and why", but according to EWG final report data privacy/protection should also address mechanisms (systems, equipements, procedures) to implement to ensure. That is the HOW (to access and to ensure that information is accessed in the right manner).
> My suggestion : is let's brainstorm (may be too late) about 
> what information is required for a domain name management  : efficiency, traceability, openness ?
> what information really needs to be public : in my opinion, if somebody does not hold a domain name, I don't know why it should access somebody else's domain name information by only using WHOIS (unless the intended recipient explictly wishes it so). If a lawyer, for any legal purpose, wants to access a registrant's WHOIS information, I am pretty sure that there is legal reason and in this case the associated registrar/registry has the information to provide; so the lawyer does need a WHOIS request to access all the registrant's info. Necessity must always be proved before somebody uses WHOIS to access such an information. And when a registrant A is allowed to access registrant B's information, the reverse should be true.

	Please remember that this group is strictly focussed on dealing with documentation. I thought Kathys suggestions are very useful documents, but the purpose of this group is to help make those documents accessible to the wider working group - so if you think these documents are useful, please summarise why and leave it at that for now, the questions you are asking above are the sort of deliberative questions that should be addressed by the whole WG not this sub-group. 

	David

	
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