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

Stephanie Perrin stephanie.perrin at mail.utoronto.ca
Wed Mar 30 15:55:13 UTC 2016


For those interested in which countries have privacy law, I think Graham 
Greenleaf's table is a good reference: 
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2603502
cheers Stephanie Perrin

On 2016-03-30 6:04, DANIEL NANGHAKA via Gnso-rds-pdp-privacy wrote:
> Dear All,
>
> If we are to look at Privacy as a global issue which is a fact, we 
> cannot rule out the fact that there are already some territories that 
> are have drafted there own policy on Data Privacy and Protection. I 
> would not like to reference at this moment to specific documentation 
> taking a global perspective,
>
> I agree with @Farell that we need to focus on the topic, the 
> documentation listed in this case of Europa does not provide a full 
> benchmark in the drafting of the RDS Privacy policy and we can come up 
> with a standard.
>
> First and foremost Any Institution that is subjected to gathering of 
> data becomes a data handler and the data of the subject must be 
> subject to privacy, before any data must be shared to the third party 
> then there must be consent to share the data.
>
> There should be a benchmark of the data that is shared to third 
> parties for the data to be shared.
>
> When it comes to the WHOIS Database, the information shared is worth 
> too much that poses a security risk to the registrant which includes 
> but not limited to spam, hacks, attacks to mention based on access.
>
> There is an improvision of Domain Privacy but it only protects the 
> user information which I feel leaves a security gap.
>
> Secondly following the statement made by @David
>
> " ... Whether or not EU principles represent international best 
> practice or are otherwise desirable for other jurisdictions is not a 
> helpful debate to have in this sub-group. Some ICANN registrars are 
> within EU jurisdictions, and so must comply with those rules, so it is 
> relevant..."
>
> I agree, the EU principles should be a guide as EU does not 
> necessarily represent other territories that are not included in the 
> EU. Every registrant must comply to the rules and policies of there 
> respective territories and where there is need to stretch into other 
> respective regions, then a guiding territorial policy works best as a 
> benchmark with reference to both territories privacy policies. This 
> means there is need for a Global Policy Benchmark that references to 
> cross territorial cases regarding to the respective privacy policy of 
> the data handlers.
>
> This is where once there is breach  of privacy and it 
> cuts across territorial boundaries then International Policy takes rule.
>
>
>
> Regards
> Nanghaka Daniel K.
> Executive Director - ILICIT Africa / Council Member - FOSSFA / 
> Community Lead - ISOC Uganda Chapter
> Mobile +256 772 898298 (Uganda)
> Skype: daniel.nanghaka
>
> ----------------------------------------- /"Working for Africa" 
> /-----------------------------------------
>
>
> On Tue, Mar 29, 2016 at 12:29 PM, Farell Folly via 
> Gnso-rds-pdp-privacy <gnso-rds-pdp-privacy at icann.org 
> <mailto:gnso-rds-pdp-privacy at icann.org>> wrote:
>
>     Dear all,
>
>     I agree again with David Cake. Let's focus on our topic.
>     Stereotypes are not good advisors for security/data privacy/data
>     protection.
>
>
>     Le mar. 29 mars 2016 à 06:28, David Cake via Gnso-rds-pdp-privacy
>     <gnso-rds-pdp-privacy at icann.org
>     <mailto:gnso-rds-pdp-privacy at icann.org>> a écrit :
>
>         The purpose of this sub-group is simply to decide what
>         material is relevant and useful to the working groups
>         deliberation, and help produce summaries etc that will guide
>         the WG through the large amount of relevant material.
>
>         Whether or not EU principles represent international best
>         practice or are otherwise desirable for other jurisdictions is
>         not a helpful debate to have in this sub-group. Some ICANN
>         registrars are within EU jurisdictions, and so must comply
>         with those rules, so it is relevant. Thank you Ayden for
>         identifying some material that you feel is relevant to this
>         working groups work.
>
>         David
>
>
>>         On 29 Mar 2016, at 1:43 AM, Greg Shatan
>>         <gregshatanipc at gmail.com <mailto:gregshatanipc at gmail.com>> 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
>>
>>         <image001.jpg>
>>         	
>>         	
>>         *Gregory S. Shatan | Partner
>>         *McCARTER & ENGLISH, LLP
>>
>>         245 Park Avenue, 27th Floor | New York, New York 10167
>>         T: 212-609-6873 <tel:212-609-6873>
>>         F: 212-416-7613 <tel:212-416-7613>
>>         gshatan @mccarter.com <mailto:gshatan%20 at mccarter.com> |
>>         www.mccarter.com <http://www.mccarter.com/>
>>
>>         BOSTON | HARTFORD | STAMFORD | NEW YORK | NEWARK
>>         EAST BRUNSWICK | PHILADELPHIA  | WILMINGTON | WASHINGTON, DC
>>
>>
>>         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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>>
>>
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>     -- 
>     Best regards,
>
>     @__f_f__
>
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>>
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