[Gnso-epdp-legal] Reminder of Legal Committee's action items

[Amy Bivins]

Dear Legal Committee,

In relation to item 2 below, we wanted to flag the European Data Protection Board’s recent publication for public consultation of Guidelines 5/2019 on “The criteria of the Right to be Forgotten in the search engines cases under the GDPR” (Part 1), as an update of the 2014 “Costeja” Guidelines. The document was posted for public comment 11 December (through 5 Feb 2020), https://edpb.europa.eu/our-work-tools/public-consultations-art-704/2019/guidelines-52019-criteria-right-be-forgotten-search_en. This may be a useful added reference point for the question.

Best,
Amy

From: Gnso-epdp-legal <gnso-epdp-legal-bounces at icann.org> on behalf of Caitlin Tubergen <caitlin.tubergen at icann.org>
Date: Sunday, December 15, 2019 at 10:58 PM
To: "gnso-epdp-legal at icann.org" <gnso-epdp-legal at icann.org>
Subject: [Gnso-epdp-legal] Reminder of Legal Committee's action items

Dear Legal Committee:

In preparation for the upcoming meeting on Tuesday, 17 December at 15:00 UTC, please find below a reminder of action items from the last Legal Committee meeting:

Action Items and High-Level Notes

1.         Q11 on reverse WHOIS look ups, which now incorporates Thomas’ footnote, will be sent to the EPDP Team for their review once the Team has signed off on the draft question in item 2 below.

2.         Following the Legal Committee’s review of the Google Right to be Forgotten case, Legal Committee agreed to send an updated question (proposed by Becky) to the plenary team to review. Legal Committee to review italicized question in advance of next meeting. New question reads as follows: In light of the finalized guidelines on the territorial scope of the GDPR and the ECJ opinion on regarding the right to be forgotten (Google case), are there any modifications you would propose to your previous memo on the territorial scope of the GDPR?

3.         Legal Committee to review the updated memo summaries, which now include edits from Bird & Bird, and note any concerns by COB Friday, 6 December. If no objections are expressed, EPDP Support Staff will incorporate the edits and send to the plenary team for its review. (Legal Committee to review attached email from Matthew in advance of next meeting.)

4.         Volker to reformulate Priority 2 pseudonymous email address questions in advance of the next Legal Committee call, COB Monday, 16 December. (Support Staff to follow up with Volker directly regarding more specificity with this assignment.) (Legal Committee to review attached email from Volker in advance of next meeting.)

5.         Matthew to redraft Priority 2 Legal vs. Natural Q1, Q5, and Q6 focusing on a clarifying question on what accuracy means in this context and who the accuracy rights flow to. (Please see attached email from Matthew.) (Legal Committee to review attached email from Matthew in advance of next meeting.)

6.         Becky to reach out to Tara re: Priority 2 Legal vs. Natural Q11 (submitted by SSAC) in order to provide a rationale for further discussion on the next Legal Committee Call.
Thank you.

Best regards,

Marika, Berry, and Caitlin


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