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

[Greg Shatan]

Ayden,

EU rulings do not necessarily impact the law in the rest of the world, much
less California.  I would not categorize an attempt to embrace EU
principles as a "race to the top" nor would I categorize those principles
as "international best practices."  Certainly, we as a group should not
adopt such attitudes.  But, hey, it's nice to know where you stand.


Best regards,

Greg Shatan



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*Gregory S. Shatan | Partner*McCARTER & ENGLISH, LLP

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On Mon, Mar 28, 2016 at 12:01 PM, Ayden Fabien Férdeline <
gnso-rds-pdp-privacy at icann.org> wrote:

> Hello all,
>
> I would like to introduce some material relating to the 'right to be
> forgotten' in Europe. Here's a court judgement
> <https://links2.mixmaxusercontent.com/aMjjKHWxnLSD3SEwj/l/Y6pG8Inj7cxRfeEQg?rn=IyZy9mLu5WYjlGQ5NWY2lmcw1CckBXLzRmct82cudmI&re=IyZy9mLu5WYjlGQ5NWY2lmcw1CckBXLzRmct82cudmI>
>  <
> 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
>> <https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_download_attachments_58730879_RDS-2DPDP-2DProposed-2DSummary-2DApproach.pdf&d=CwMBAg&c=5VD0RTtNlTh3ycd41b3MUw&r=gvEx8xF7ynrYQ7wShqEr-w&m=u1EVRiHe_hJc7jxNs5HvrA_j6PFk6zDIgTHzeV5HW-I&s=2ky2gNfugoilw7hdnuB-Li1SPS7b_5IFQFq5Dm1QeEk&e=>
>>
>> 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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