[CPWG] [GTLD-WG] EPDP: Geographic distinction
Alan Greenberg
alan.greenberg at mcgill.ca
Tue Oct 30 13:49:31 UTC 2018
Clearly trying to "simplify" a question, it is no longer accurate.
Bastiann is correct the basis for protecting an
individual's data is based not in citizenship or
residency (which is a technical term that has
varying meaning depending on the country and a
person's exact status) but simply being "in" the
EU (and even "EU" is a simplification).
Alan
At 30/10/2018 02:43 AM, Bastiaan Goslings wrote:
>Just a quick comment, also related to a comment
>Maureen made earlier ('with EU citizens working
>and living all over the world for various
>reasons and varying lengths of time, what is the
>actual definition for "resident of the EUâ):
>
>Iâm not aware of the GDPR referring to either
>EU âcitizensâ or âresidentsâ.
>
>See art 3 of the GDPR
>https://gdpr-info.eu/art-3-gdpr/ which sets the territorial scope.
>
>So the GDPR is applicable to controllers and
>processors in the Union, regardless of whether
>the processing takes place in the Union (and
>regardless of whether the data subjects affected
>are in the Union), and to the processing of
>personal data of data subjects who are in the
>Union by controllers and processors not established in the Union.
>
>(see also recitals 2 and 14 https://gdpr-info.eu/recitals/ )
>
>Anyway, looking at the example mentioned below,
>any citizen living in the US, not just those
>from the EU, 'would get the benefit of GDPR when
>the Controller or Processor with their data is âestablishedâ in the EU'.
>
>-Bastiaan
>
>
>
>
> > On 30 Oct 2018, at 05:52, Greg Shatan <greg at isoc-ny.org> wrote:
> >
> > Alan,
> >
> > One slight caveat: an EU Citizen living in
> the US would still get the benefit of GDPR when
> the Controller or Processor with their data is
> âestablishedâ in the EU. But they get that
> benefit only because the Controller or Processorâs covered by GDPR.
> >
> > Greg
> > On Tue, Oct 30, 2018 at 12:40 AM Greg Shatan <greg at isoc-ny.org> wrote:
> > I also think it should be restricted to what
> GDPR requires. Anything beyond that essentially
> puts ICANN into the business of making privacy
> policy without a basis in law, which is beyond the remit of the EPDP.
> >
> > There may be an interesting discussion to be
> had about whether ICANN should change WHOIS for
> policy reasons, but the EPDP is not the place for that conversation.
> >
> > Greg
> > On Mon, Oct 29, 2018 at 11:12 PM Jonathan
> Zuck <JZuck at innovatorsnetwork.org> wrote:
> > I'm inclined to say restricted if for no
> other reason than we'll eventually have a bunch
> of GDPRs that are slightly different.
> >
> > On 10/29/18, 9:36 PM, "GTLD-WG on behalf
> of Alan Greenberg"
> <gtld-wg-bounces at atlarge-lists.icann.org on
> behalf of alan.greenberg at mcgill.ca> wrote:
> >
> > GDPR is applicable to residents of the EU by companies resident there
> > and worldwide.
> >
> > One of the issues is whether contracted parties should be allowed or
> > required to distinguish between those who
> are resident there and elsewhere.
> >
> > There is agreement that such distinction should be allowed, but EPDP
> > is divided on whether it should be required. The GAC/BC/IPC want to
> > see the distinction made, and at least one very large contracted
> > party does already make the distinction. Other contracted parties are
> > pushing back VERY strongly saying that there is virtually no way that
> > the can or are willing to make the distinction.
> >
> > The current (confusing) state of the working document is attached.
> >
> > Which side should ALAC come down on?
> >
> > - Restrict application to those to whom GDPR applies?
> > - Apply universally ignoring residence?
> >
> > As usual, quick replies requested.
> >
> > Alan
> >
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