[Accred-Model] Codes of conduct

[Cyntia King]

I’m sorry, I don’t quite understand which part of Rod’s proposal you’re addressing.

Please clarify.

 

 

Cyntia King

O:  +1 816.633.7647

C:  +1 818.209.6088



 

From: Accred-Model <accred-model-bounces at icann.org> On Behalf Of Rubens Kuhl
Sent: Wednesday, July 25, 2018 4:03 PM
To: accred-model at icann.org; gdpr at icann.org
Subject: Re: [Accred-Model] Codes of conduct

 

 





On 25 Jul 2018, at 17:50, Cyntia King <cking at modernip.com <mailto:cking at modernip.com> > wrote:

 

Agreed that the GDPR should empower Data Subjects to have more control over their PII.

However, this isn’t the only consideration:

 

1.	The GDPR also states:  “The right to the protection of personal data is not an absolute right; it must be considered in relation to its function in society and be balanced against other fundamental rights, in accordance with the principle of proportionality.”  (Recital 4)

I think Rod’s suggestions are a good faith effort to achieve that proportionality.

 

2.	In meetings w/ the European Commission (28-May-18), the commission said they shared the concerns of trademark rights advocates that there be standardized & predictable access to necessary WHOIS information.

I believe the Commission is aware that an ad hoc system of response is not only chaotic, but potentially unsafe. 

 

A consistent & reliable system that balances the privacy rights of certain individuals against the threat of harm to (potentially countless) others, will be a difficult - but not impossible - balancing act.

 

 

A system that grants more access than a situation allows under GDPR is also problematic. So when going from ad hoc to standardised, the standard can't have less information than would be required in ad hoc mode, specially information specific to that request, like a power-of-attorney from an specific brand holder. Simply saying "Trust me I'm a lawyer" doesn't cut it.

 

 

Rubens

 

 

 

Rubens

 

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