[Gnso-epdp-legal] Revised Q4

[King, Brian]

Hi Team,

Please find below the revised Question 4 as agreed by Laureen, Thomas, and myself.


Updated Question 4



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. Certain commentators have interpreted "legal obligation" to apply only to legal obligations grounded in EU or Member State law.



As to the data controller:



a. Consequently, does it follow that the data controller may not rely on Art. 6 1 c GDPR to disclose personal data to law enforcement authorities outside the data controller's jurisdiction? Alternatively, are there any circumstances in which data controllers could rely on Art. 6 1 c GDPR to disclose personal data to law enforcement authorities outside the data controller's jurisdiction?



b. May the data controller rely on any other legal bases, besides Art. 6 I f GDPR, to disclose personal data to law enforcement authorities outside the data controller's jurisdiction?



As to the law enforcement authority:



Given that Art. 6 1 GDPR states that European public authorities cannot use Art. 6 I f GDPR as a legal basis for processing carried out in the performance of their tasks, these public authorities need to have a legal basis so that disclosure can take place based on another legal basis (e.g. Art. 6 I c GDPR).



c. In the light of this, is it possible for non-EU-based law enforcement authorities to rely on Art. 6 I f GDPR as a legal basis for their processing? In this context, can the data controller rely on Art. 6 1 f GDPR to disclose the personal data? If non-EU-based law enforcement authorities cannot rely on Art. 6 1 f GDPR as a legal basis for their processing, on what lawful basis can non-EU-based law enforcement rely?


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/20190828/f2532c83/attachment.html>