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

Tue Apr 26 20:11:31 UTC 2016

In relation to Œrelevant¹, I would like to share again the feedback that
Chuck shared on the list yesterday:

Relevant = most helpful in the WG¹s task of finalizing a work plan and in
the deliberation we are tasked with doing regarding the list of charter
questions from our charter.  Keep in mind something I said in one of our
meetings: Identifying what are thought to be the most relevant documents
does not mean we will exclude other documents but rather will help us know
which documents to start with.

Best regards,

Marika

From:  <gnso-rds-pdp-privacy-bounces at icann.org> on behalf of Susan Kawaguchi
<susank at fb.com>
Date:  Tuesday 26 April 2016 at 13:54
To:  Stephanie Perrin <stephanie.perrin at mail.utoronto.ca>,
"gnso-rds-pdp-privacy at icann.org" <gnso-rds-pdp-privacy at icann.org>
Subject:  Re: [Gnso-rds-pdp-privacy] Docs most relevant in our Privacy
Subgroup summary

Hi Stephanie, 

You may not need this response after the call this morning but we
arbitrarily chose top 5 documents to focus on last weeks call.  No intent to
limit the documents it was just to spark discussion.  Obviously, we are
including all documents the sub teams deem relevant.
Susan Kawaguchi
Domain Name Manager
Facebook Legal Dept.

From: <gnso-rds-pdp-privacy-bounces at icann.org> on behalf of Stephanie Perrin
<stephanie.perrin at mail.utoronto.ca>
Date: Monday, April 25, 2016 at 6:23 AM
To: "gnso-rds-pdp-privacy at icann.org" <gnso-rds-pdp-privacy at icann.org>
Subject: Re: [Gnso-rds-pdp-privacy] Docs most relevant in our Privacy
Subgroup summary

Could we please clarify 1) why we are picking our top 5 and 2) what we mean
by relevant?  if we are evaluating ICANN's role as a data controller in
dictating the collection, use, and disclosure of information, the 2013 RAA
is probably the most relevant document.  IF we are trying to help colleagues
from different backgrounds understand what we are talking about in terms of
data protection, Kathy's list is an excellent one.  We need both, in my
view.  Hence my slowness in getting off the mark, I am confused.

cheers Stephanie

On 2016-04-25 15:19, Gomes, Chuck wrote:
> I think Œrelevant¹ is a key word, a point that Lisa made to the leadership
> team a few days ago.
>  
> Chuck
>  
> 
> From: gnso-rds-pdp-privacy-bounces at icann.org
> <mailto:gnso-rds-pdp-privacy-bounces at icann.org>
> [mailto:gnso-rds-pdp-privacy-bounces at icann.org] On Behalf Of Kathy Kleiman
> Sent: Monday, April 25, 2016 9:03 AM
> To: gnso-rds-pdp-privacy at icann.org
> Subject: [Gnso-rds-pdp-privacy] Docs most relevant in our Privacy Subgroup
> summary
>  
> Hi All,tand 
> 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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