[GTLD-WG] [CPWG] EPDP Phase II early input

Hadia El Miniawi via CPWG cpwg at icann.org
Tue Jun 4 05:08:35 UTC 2019


Dear Ricardo,

Thank you for your comment which I find very important. However, you must remember that different parties have different legal bases for disclosure to rely on. So the question is what are the legal basis that police forces rely on for disclosure and under what circumstances are those legal basis valid. The discussion that you attended that assumed there would be an express ride to police forces is not correct. Also keep in mind that if the legal basis for processing the data is 61(f) a balance of interests is required however we should keep in mind that 6 1(f) cannot be used by public authorities in the performance of their tasks. You could also refer to article 23 of the GDPR for further information. Finally I would note that the human rights balance is assured through the GDPR which any policy or recommendation the team comes up with should comply with. Also the questions posted are simply the charter questions, but I would kindly ask you to form a question that would satisfy your concern so that we could put it forward for discussion. Thanks again

Kind Regards
Hadia



Sent from my iPhone

> On Jun 3, 2019, at 12:09 PM, Ricardo Holmquist <rihogris at gmail.com> wrote:
> 
> Dear Hadia,
> there was discussion in Kobe, with people of the GNSO that was very interesting. Most of the discussion was related to the questions you are posting. 
> My particular resume of the discussion is that yes, an Access to the data for the Legal entities (police forces, Interpol, etc..) must be provided, also, there must be a balance in the Human Rights protection side. This side is the one I don´t see pictured in the questions.
> 
> For almost all of the European Countries they do not consider their police forces, or legal system an enemy to fight, at the worst a big brother over watching everything. But in autocratic regimes, given an express right to the police forces to access the Data is putting in jeopardy the entire Human Rights defenders, even the political opposition.
> 
> Hope this helps
> 
> Regards
> 
> Ricardo Holmquist
> 
> 
>> El lun., 3 jun. 2019 a las 15:41, Hadia El Miniawi via CPWG (<cpwg at icann.org>) escribió:
>> Dear All,
>> 
>> An early input document has been circulated to all SOs, ACs, GNSO Stakeholder Groups and GNSO Constituencies. 
>> 
>> We seek early input to the following charter questions 
>> ● Purposes for Accessing Data – What are the unanswered policy questions that will guide implementation?
>> ●  Credentialing – What are the unanswered policy questions that will guide implementation?
>> ●  Terms of access and compliance with terms of use – What are the unanswered policy questions that will guide implementation?
>> 
>> The document is attached kindly take a look and provide your feedback, the deadline for submission is June 21st
>> 
>> Kind regards
>> Hadia
>> 
>> 
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