[Gnso-rds-pdp-privacy] Privacy sub-group
Stephanie Perrin
stephanie.perrin at mail.utoronto.ca
Mon Mar 28 20:11:10 UTC 2016
Perhaps, but I am defending, amongst other things, Ayden's use of the
expression "race to the top". /The Governance of Privacy: Policy
Instruments in Global Perspective /by Bennett and Raab (MIT Press 2006)
is a highly regarded volume by two highly regarded political
scientists. Their last chapter, containing their conclusions on
governance is entitled "International Privacy Protection: A Race to the
Top, the Bottom, or Somewhere Else?". It is often quoted. I think it
would be helpful, as I indicated earlier, if we acknowledge this
background tension on approaches to privacy.
Kind regards,
Stephanie Perrin
On 2016-03-28 16:02, Kiran Malancharuvil wrote:
>
> Stephanie,
>
> There is a HUGE difference between acknowledging that something is
> important to a field of study and crowning it the “top” and calling it
> an “international best practice.”
>
> Thanks,
>
> Kiran
>
> *From:*gnso-rds-pdp-privacy-bounces at icann.org
> [mailto:gnso-rds-pdp-privacy-bounces at icann.org] *On Behalf Of
> *Stephanie Perrin via Gnso-rds-pdp-privacy
> *Sent:* Monday, March 28, 2016 12:38 PM
> *To:* gnso-rds-pdp-privacy at icann.org
> *Subject:* Re: [Gnso-rds-pdp-privacy] Privacy sub-group
>
> 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
>
> 245 Park Avenue, 27th Floor | New York, New York 10167
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>
> BOSTON | HARTFORD | STAMFORD | NEW YORK | NEWARK
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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
>
>
> 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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