[gnso-rds-pdp-wg] For your review - data protection & privacy principles document

[Marika Konings]

Dear All,

Following up on Chuck’s message below, please find attached the list of data protection & privacy principles that have been excerpted from the WSGR Final Report and/or from the European Senior Privacy Experts. You are requested to review this document, in addition to the WSGR Final Memorandum, ahead of Tuesday’s WG meeting.

The legal advisory group and leadership identified several clarifying questions which WSGR has already addressed in their final memo. When excerpting these principles, a few more clarifying questions were identified by and have been shared with WSGR; as responses are received, they will be relayed to the WG. As we use these principles to help us answer charter questions, there will undoubtedly be further clarifying questions. We plan to record but park those questions until the time comes to commission more detailed legal analysis.

As a reminder, all documents in relation to the data protection and privacy laws questions can be found here: https://community.icann.org/x/J1zwAw.

Best regards,

Marika

From: <gnso-rds-pdp-wg-bounces at icann.org> on behalf of Chuck Gomes <consult at cgomes.com>
Date: Tuesday, September 26, 2017 at 15:30
To: "gnso-rds-pdp-wg at icann.org" <gnso-rds-pdp-wg at icann.org>
Subject: [gnso-rds-pdp-wg] FW: WSGR Final Memorandum

As most of you recall, at the request of multiple WG members, we decided in early June to engage a law firm with experience in European data protection law to provide our WG with independent answers to the same questions we asked the European data protection experts earlier in the year.  The final report from that effort is what Marika sent to the list shortly after our WG call today; it is attached to this message as well.

All members are requested to review this report by Friday of this week if possible.  The leadership team has prepared a list of principles that are excerpted from the WSGR Final Report and/or from the Data Expert answers that we think will be relevant to our ongoing work. We have asked the small advisory group that we formed in early June to review the principles and let us know if the excerpts are accurate and complete.  After they have had time to respond, we will finalize the principles document and send it to the full WG for all to review; our goal is to do that by the end of this week so that we can use it in our WG meeting next week.

It is the opinion of the leadership team that the information the Data Protection experts provided has been confirmed by WSGR in their final report, albeit with more detail in some cases.  We also believe that our objective of obtaining an independent analysis of the questions has been met, so it is now time for us to put the information to use in answering the first four questions in our charter and that is the plan starting next week.  To facilitate that, the principles will be mapped to the first four charter questions, a task that is now underway.

I am sure this WG could debate the answers received for the next six months but we are not going to do that.  We received answers from the Data Protection experts.  Some feared bias so we obtained an independent analysis.  That analysis confirms the information that we had already been given with some clarifying insights.  It is now time to apply that information to our deliberation and finish answering critical questions in our charter and develop RDS requirements for Phase 1.

If I left anything out or anyone on the leadership team wants to add anything, please feel free to do.

Chuck

From: gnso-rds-pdp-wg-bounces at icann.org [mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Marika Konings
Sent: Tuesday, September 26, 2017 9:54 AM
To: gnso-rds-pdp-wg at icann.org
Subject: [gnso-rds-pdp-wg] WSGR Final Memorandum

Dear All,

As discussed during today’s meeting, please find attached for your review and consideration the final memorandum from Wilson Sonsini Goodrich & Rosati, LLP (WSGR) concerning the final responses to EU data protection questions re. gTLD Registration Directory data. Chuck will follow up on this message shortly with further instructions and next steps.

Best regards,

Marika

Marika Konings
Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN)
Email: marika.konings at icann.org<mailto:marika.konings at icann.org>

Follow the GNSO via Twitter @ICANN_GNSO
Find out more about the GNSO by taking our interactive courses[learn.icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__learn.icann.org_courses_gnso&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=7_PQAir-9nJQ2uB2cWiTDDDo5Hfy5HL9rSTe65iXLVM&m=EQpWYI57-FXkG0pe0_YACVQRdG0o5YJgLB0mN__yWkY&s=n33Miiq23Z26Fy8g8YYOGJnOZpH0J1TgyI6qqhQFwgw&e=> and visiting the GNSO Newcomer pages[gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gnso.icann.org_files_gnso_presentations_policy-2Defforts.htm-23newcomers&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=7_PQAir-9nJQ2uB2cWiTDDDo5Hfy5HL9rSTe65iXLVM&m=EQpWYI57-FXkG0pe0_YACVQRdG0o5YJgLB0mN__yWkY&s=zxKzkTpwFvP2MG_2Z4idMzb7BfUUC_dFSpiZmq2QBlU&e=>.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-rds-pdp-wg/attachments/20170929/bfc1f4cd/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Principles from DP Expert and WSGR - 29 Sept 2017.docx
Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document
Size: 82332 bytes
Desc: Principles from DP Expert and WSGR - 29 Sept 2017.docx
URL: <http://mm.icann.org/pipermail/gnso-rds-pdp-wg/attachments/20170929/bfc1f4cd/PrinciplesfromDPExpertandWSGR-29Sept2017-0001.docx>