[gnso-rds-pdp-wg] @EXT: RE: FW: IMPORTANT: Invitation for Poll from 24 January Meeting

[Mounier, Grégory]

Dear Nathalie, dear all,

Please see attached a letter sent by the European Commission to ICANN CEO which clarifies a couple of points regarding the GDPR and might shed some lights on the current discussion of the WG on purposes.

‘To ensure transparency and fairness in the processing of WHOIS Data, it is of utmost importance that ICANN clearly specified the different purposes for processing, including the pursuit of certain public policy objectives in the legitimate interest of the controller or third parties(...)´.

Greg

Gregory Mounier
EC3 Outreach
+31 6 55 78 27 43

From: Chuck <consult at cgomes.com<mailto:consult at cgomes.com>>
Date: Sunday, 28 Jan 2018, 3:18 AM
To: 'nathalie coupet' <nathaliecoupet at yahoo.com<mailto:nathaliecoupet at yahoo.com>>
Cc: 'RDS PDP WG' <gnso-rds-pdp-wg at icann.org<mailto:gnso-rds-pdp-wg at icann.org>>
Subject: Re: [gnso-rds-pdp-wg] FW: IMPORTANT: Invitation for Poll from 24 January Meeting

Nathalie,

I am curious as to what ‘course’ you think the WG has taken.

Chuck

From: nathalie coupet [mailto:nathaliecoupet at yahoo.com]
Sent: Saturday, January 27, 2018 2:07 PM
To: Chuck <consult at cgomes.com>
Cc: RDS PDP WG <gnso-rds-pdp-wg at icann.org>
Subject: Re: [gnso-rds-pdp-wg] FW: IMPORTANT: Invitation for Poll from 24 January Meeting

Hello All,

Sorry for missing the call. There’s one more legitimate use for processing: verification of the trustworthiness of a website.
Also, a psychological use: online accountability.

They are legitimate purpose, but it doesn’t necessarily mean that personal data should be processed, just because they are legitimate uses for third parties. The data subject’s rights to privacy should come into the balance to temper the ‘legitimacy’ of third party uses.
If not, the GDPR is absolutely worthless and I think it would be going too far in the other direction.
There’s an imbalance in our group: we barely have any end-users and website owners.
This really jeopardizes our work and is too one-sided.
I don’t know why stakeholders who vote against their own interests and in favor of a solution that would take into account the rights of people who don’t even show up (the general public) to defend their own interests.
I try to imagine a contract where I, the registrant, would be forced to accept any and all ‘legitimate’ third party uses of my data, as defined by a variety of private interest that do not take any n consideration my right to protect my PPI. It would definitely be abuse. It’s tantamount to negating an individual’s right to privacy...
But if third party rights derive from obligations and duties I must abide by, then I must consent to them, and third parties have then rights that are the reverse side of my obligations.
For example, if I have a duty of care, proper use and prohibition to use my website to do harm, then third parties have a right to enforce their legitimate use of protecting their or their client’s property by having my PPI processed for their benefit.
This takes into account the spirit and the letter of the GDPR.
The course taken by this WG negates the existence of the GDPR and it’s attempt to give more control over PPI to data subject.

Nathalie
Sent from my iPhone

On Jan 26, 2018, at 9:08 AM, Chuck <consult at cgomes.com<mailto:consult at cgomes.com>> wrote:
Please remember to complete this week’s poll not later than COB Saturday 27 January.

Chuck

From: gnso-rds-pdp-wg [mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Lisa Phifer
Sent: Wednesday, January 24, 2018 7:01 AM
To: gnso-rds-pdp-wg at icann.org<mailto:gnso-rds-pdp-wg at icann.org>
Subject: [gnso-rds-pdp-wg] IMPORTANT: Invitation for Poll from 24 January Meeting
Importance: High

Dear all,

In follow-up to this week’s WG meeting, all RDS PDP WG Members are encouraged to participate in the following poll:

https://www.surveymonkey.com/r/LQC2YJH

Responses should be submitted through the above URL. For offline reference, a PDF of poll questions can also be found at:

              https://community.icann.org/download/attachments/74580038/Poll-from-24January-Call.pdf

This poll will close at COB Saturday 27 January.

Please note that you must be a WG Member to participate in polls. If you are a WG Observer wishing to participate in polls, you must first contact gnso-secs at icann.org<mailto:gnso-secs at icann.org> to upgrade to WG Member.

Regards,
Lisa
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