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

Stephanie Perrin stephanie.perrin at mail.utoronto.ca
Mon Mar 28 19:38:01 UTC 2016


With great respect Greg, there is a field called privacy scholarship, 
and in that field folks absolutely do pay a great deal of attention to 
the rulings of the EU Court of Justice, and the opinions of the Article 
29 working group.  You are free to make the argument that thought 
leadership rests in the United States or anywhere else (Cate, Westin, 
etc) but there are a great many US privacy scholars who look to the EU 
for thought leadership (Reidenberg, Schwartz, Solove, Rotenberg, 
Nissenbaum, Gellman, I could go on but that might be tedious).  So I 
think it is not really fair to rule out recent contributions if they are 
important, and the material Ayden is introducing certainly qualifies as 
important in my book.
The fact is that there has been a struggle going on for the last 25 
years between the US and Europe over the regulatory vs non-regulatory 
approach to privacy.  Lets explicitly put that on the table and 
recognize our differences on this matter.
Kind regards
stephanie

On 2016-03-28 13:43, Greg Shatan via Gnso-rds-pdp-privacy wrote:
> 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
>
> http://hilweb1/images/signature.jpg
>
> 	
>
> 	
>
> *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 
> <mailto: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
>     <mailto: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 <tel:%2B44.77.8018.7421>
>
>
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