[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.
Stephanie
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
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