[Gnso-rds-pdp-privacy] Docs most relevant in our Privacy Subgroup summary

[Kathy Kleiman]

Hi All,
I think we have been asked for our list of the most relevant documents 
for the Working Group from our Privacy subgroup. It is hard to choose 
from the excellent list and summaries prepared!

My thoughts are that the documents below provide the best overview of 
pivotal legal principles of data protection, show the enormous spread of 
these principles around the world (particularly recently), and give us 
guidance for interpretation of these principles (including what it means 
to be a "data controller" and requires) are below.

Best regards,
Kathy

In answer to subgroup question "(ii) Which inputs are likely to be the 
most important [relevant] during WG deliberations and why?", I share:

1) The EU Data Protection Directive 1995 (the best known of all data 
protection laws; the legal obligations of all countries in the EU)
2) The Council of Europe's Treaty 108 on Data Protection (created in 
1981, and signed about 47 countries within and outside the EU, this is a 
key founding document of comprehensive data protection laws)

3) Professor Greenleaf's two articles (part of the same book) set out 
his studies showing that the adoption of data protection laws is growing 
rapidly -- and in 2015 the number of countries with comprehensive data 
protection laws surpassed those without data protections laws. More than 
a majority of the countries of the world have now adopted comprehensive 
data protection laws and legal frameworks.

4) Schrems v.Data Protection Commissioner (2015)/EU-US Privacy Shield 
(2016) - very recent cases and agreements which clearly show that 
rigorous enforcement of EU data protection laws is on the rise by high 
courts and their decisions are forcing new agreements to be negotiated 
which raise the legal requirements for transferring data from the EU 
countries to other parts of the world. The new EU-U.S. Privacy Shield is 
an important example of these higher legal requirements. The Article 29 
Working Party Opinion on the Privacy Shield -- only about two weeks old 
-- is important for its discussion of these newest of major legal data 
protection frameworks.

5) Opinion 2/2003 on the Application of the Data Protection Principles 
to the Whois directories is the Article 29 Working Party's opinion 
expressly guiding ICANN on how to apply data protection laws and 
frameworks to the Whois issues. What could be more "on point" for our 
full Working Group's work?

6) McIntyre v. Ohio Elections Commission, a decision in 1995 by the US 
Supreme Court, affirming the importance of anonymous speech in creating 
an avenue for important, but unpopular and minority ideas to enter into 
a country's robust political, cultural and artistic discussions. In this 
decision, the US Supreme Court found that anonymity speech is a 
protected under the US First Amendment and a person cannot be forced to 
put her/his name and address on all of statements.

Best regards,
Kathy
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