[Gnso-epdp-legal] Revised Q4

[King, Brian]

Hi Team,

Volker and I put our heads together to clarify Q4 about LEA as follows. Thoughts and further suggestions welcome.


Q4: Under the GDPR, a data controller can disclose personal data to law enforcement of competent authority under Art 6 1 c GDPR provided the law enforcement authority has the legal authority to create a legal obligation under applicable law.

a) Can law enforcement agencies of other jurisdictions than the data controller/processor therefore not rely on Art 6 1 c GDPR as a legal basis for the data controller to disclose protected data? Under what circumstances could Art 6 1 c GDPR apply to the disclosure of data in such a context?

b) Do other legal bases for disclosure exist, besides Art 6I f), that the data controller/processor can rely on for such "foreign" LEAs that lack power to legally compel the data controller/processor?

Brian J. King
Director of Internet Policy and Industry Affairs

T +1 443 761 3726
markmonitor.com<http://www.markmonitor.com>

MarkMonitor
Protecting companies and consumers in a digital world

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-epdp-legal/attachments/20190819/559cd2f1/attachment.html>