[Gnso-rds-pdp-privacy] Privacy sub-group

[Ayden Fabien Férdeline]

Hello all,
I would like to introduce some material relating to the 'right to be forgotten'
in Europe. Here's a court judgement 
<http://curia.europa.eu/juris/document/document.jsf?text=&docid=152065&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=11654>.
The protection of personal data in Europe is seen as a fundamental right on
equal standing with all other human rights. The Court of Justice of the European
Union has consistently held that any and all data processing must be subject to
stringent proportionality assessments.
It has been unsuccessfully argued that allowing users to delete their data is an
affront to other fundamental rights such as free speech. The Court of Justice of
the EU has consistently ruled that if and when the privacy interests of the data
subject outweigh the public interest, the individual should be able to enforce
his or her 'right to be forgotten'.
This decision is something we should carefully consider when looking at how long
we retain information for. Certainly once a domain name has expired, it would be
difficult to justify under these rulings the continued storage of the sensitive
personal information of registrants.
I appreciate that EU rulings do not necessarily impact Californian law, but hey,
why not have a race to the top and adopt international best practices in privacy
law… :-)
Best wishes,
Ayden Férdeline
On Sun, Mar 27, 2016 at 5:37 AM, David Cake via Gnso-rds-pdp-privacy < gnso-rds-pdp-privacy at icann.org > wrote:
Welcome all of you to the Privacy sub-team. Thanks to all of you for
volunteering.
Our task is first to collect information on privacy issues relevant to
registration data. Then we will go on to decide how best to present that
information for use of the working group - we may consolidate, summarise,
prioritise etc in order to make the important information easily available.
Hopefully the privacy experts on this group will help us locate the most
important material, and make it easily digestible to the broader working group.This is a link to the RDS PDP WG document that describes the approach the WG
agreed upon https://community.icann.org/ download/attachments/58730879/
RDS-PDP-Proposed-Summary- Approach.pdf

At this early stage, we are in collection mode - please send documents that you
think will be valuable to the group. If you add a bit more information for
context as to why you think it would be useful, that will probably be very
helpful for later work.
Looking forward to working with you all.
David


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Ayden Férdeline +44.77.8018.7421
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