[gnso-rds-pdp-wg] [renamed] Key early questions

Stephanie Perrin stephanie.perrin at mail.utoronto.ca
Tue May 10 16:13:22 UTC 2016

I would add to this that it also represents national governments waking 
up and recognizing the need to protect the human rights of its citizens 
in a global information society.  High time.


On 2016-05-10 10:59, Sam Lanfranco wrote:
> I would like to follow up on Péter Kimpián’s comments.
> Here is very simple aerial fly over perspective on the data issues 
> here. I may be completely wrong, but history -starting with the 
> European Enclosure Movement- suggests that I am probably right.
> ICANN has business interests in defining what data to collect, 
> accessible by whom and under what conditions. It also has business 
> interests, from within its remit, in the data relationship with its 
> contracted parties.
> However, ICANN’s contracted parties reside within national 
> jurisdictions, and the relevant data is hosted within national 
> jurisdictions, so ICANN cannot unilaterally define what constitutes 
> legitimate data policy within its business interests.
> This means that how ICANN treats data will be increasingly constrained 
> not just by ICANN’s remit, but by the “ring fence” of national and 
> regional polices erected around ICANN’s remit by the data retention 
> and use policies of the rest of the governments on the planet.
> Some will brand this as the “fracturing of the Internet”. It is in 
> fact other jurisdictions taking responsibility for Internet governance 
> outside ICANN’s remit, but within their remit. While they may do this 
> well or badly, it is more like “city planning” than attempts to 
> fracture the Internet. ICANN will have to recognize that it is just 
> another stakeholder in that process.
> Just as the other stakeholder groups within ICANN are busy with 
> engagement in other national, regional and global policy forums and 
> processes, ICANN will either have to engage as a stakeholder 
> advocating on its own behalf, and hopefully on behalf of the public 
> good, or it will simply tend its business within the “ring fence” 
> build out of its own remit and the remits of others, and leave the 
> rest of the issues to be dealt with within the remits of others.
> Sam Lanfranco
> On 5/10/2016 6:23 AM, Kimpián Péter wrote:
>> Dear All,
>> Totally agree with Stephanie, I would also add that every data 
>> processing must be fair and lawful and  for every each data 
>> processing activity the data controller must have a valid legal base. 
>> Therefore as already emphasized since Marrakesh the definition of the 
>> purpose of data processing (which also means data collection) is the 
>> most important task of the WG. The WG should present – I think – a 
>> proposal which clearly defines the purpose of data processing of 
>> ICANN and made on behalf of/or following the instruction of ICANN and 
>> to clearly state whether they are lawful and to which legal base to 
>> choose for the processing (for certain purpose data 
>> controller=registrar, registries will face problems if using one or 
>> another legal base in certain part of the world or even for data 
>> coming from certain part of the world) .
>> If there are multiple purposes – I think – the WG should be able to 
>> demonstrate the same for every each of them.
>> In all high level multi- and bilateral international treaties (ex: 
>> art 12 of Universal Declaration of Human Rights) and in 109 (!) 
>> countries’ national (current number of countries having data 
>> protection legislation, being Turkey the newest one) law all over the 
>> world the processing of personal data out of the purpose of for 
>> purposes which are illegal or unlawful or even unfair is strictly 
>> forbidden.
>> Best regards,
>> Peter
>> /dr. Péter Kimpián/
>> //
>> /International Affairs and Public Relations Department/
>> /National Authority for Data Protection and Freedom of Information/
>> /Address: H-1125 Budapest,/
>> /Szilágyi Erzsébet fasor 22/C./
>> /Postal address: H-1530 Budapest, Pf.: 5./
>> /Tel: +36-1/391-1422/
>> /Fax: +36-1/3911410/
>> /Email: kimpian.peter at naih.hu <mailto:kimpian.peter at naih.hu> /
>> /Web address: www.naih.hu <http://www.naih.hu/>/
>     [ rest deleted]
> -- 
> ------------------------------------------------
> "It is a disgrace to be rich and honoured
> in an unjust state" -Confucius
>   邦有道,贫且贱焉,耻也。邦无道,富且贵焉,耻也
> ------------------------------------------------
> Dr Sam Lanfranco (Prof Emeritus & Senior Scholar)
> Econ, York U., Toronto, Ontario, CANADA - M3J 1P3
> email:Lanfran at Yorku.ca    Skype: slanfranco
> blog:http://samlanfranco.blogspot.com
> Phone: +1 613-476-0429 cell: +1 416-816-2852

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-rds-pdp-wg/attachments/20160510/d693f1a0/attachment.html>

More information about the gnso-rds-pdp-wg mailing list