[Gnso-epdp-legal] Revised Q4

[Leon Sanchez]

Thanks Brian and Thomas.

I like the current form of this question. If there’s no objection, I will ask Caitlin to add this question to our first batch of questions to be submitted to the plenary in our call tomorrow.

Kindly express any objection ASAP.

Kind regards,

León

> El 28 ago 2019, a las 10:56, King, Brian via Gnso-epdp-legal <gnso-epdp-legal at icann.org> escribió:
> 
> 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). 
> 
>  
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> 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
>  
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