[Gnso-rds-pdp-privacy] Question and documents

[Kathy Kleiman]

David,

I would like to ask a question and then add some new documents for our 
evaluation of privacy and data protection frameworks.

Question:
/What percentage of gTLD Registries and Registrars operate in and/or 
have customers in countries with data protection laws?
/

Document/s:
/The following documents provide insight into various data protection 
laws and privacy rights that exist in various countries, regions and 
states around the world:

1) Maximillian Schrems v Data Protection Commissioner. Judgment of the 
Court (Grand Chamber) of 6 October 2015. The recent decision of the 
European Court of Justice stating that Safe Harbour which allowed data 
flows between the EU and US was invalid.

/Judgment and Opinion at 
http://curia.europa.eu/juris/liste.jsf?pro=&lgrec=en&nat=or&oqp=&dates=&lg=&language=en&jur=C%2CT%2CF&cit=none%252CC%252CCJ%252CR%252C2008E%252C%252C%252C%252C%252C%252C%252C%252C%252C%252Ctrue%252Cfalse%252Cfalse&num=C-362%252F14&td=%3BALL&pcs=Oor&avg=&page=1&mat=or&jge=&for=&cid=576711//
/

2) The new EU-U.S. Privacy Shield announced at the end of February 2016 
for commercial data flows -- 
http://ec.europa.eu/justice/newsroom/data-protection/news/160229_en.htm

3) US Supreme Court Case - McIntyre v. Ohio Elections Commission, 514 
U.S. 334 (1995).
US Supreme Court overturned as a state law that required a person to put 
her name and address on political pamphlets and materials//as an 
unconstitutional violation of the First Amendment.

The Court opinion states: /"Anonymous pamphlets, leaflets, brochures and 
even books have played an important role in the progress of mankind." 
Talley v. California, 362 U.S. 60, 64 (1960). Great works of literature 
have frequently been produced by authors writing under assumed names. 
[n.4] Despite readers' curiosity and the public's interest in 
identifying the creator of a work of art, an author generally is free to 
decide whether or not to disclose her true identity. The decision in 
favor of anonymity may be motivated by fear of economic or official 
retaliation, by concern about social ostracism, or merely by a desire to 
preserve as much of one's privacy as possible. Whatever the motivation 
may be, at least in the field of literary endeavor, the interest in 
having anonymous works enter the marketplace of ideas unquestionably 
outweighs any public interest in requiring disclosure as a condition of 
entry. [n.5] Accordingly, an author's decision to remain anonymous, like 
other decisions concerning omissions or additions to the content of a 
publication, is an aspect of the freedom of speech protected by the 
First Amendment. ////
/

4) The Constitution of the State of California: Article 1, section 1 
gives each citizen an "inalienable right" to pursue and obtain "privacy:
"SECTION 1.  All people are by nature free and independent and have
inalienable rights. Among these are enjoying and defending life and
liberty, acquiring, possessing, and protecting property, and pursuing
and obtaining safety, happiness, and privacy."
http://www.leginfo.ca.gov/.const/.article_1

Best,
Kathy
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