[Gnso-epdp-legal] Updated legal v. natural questions (Melina)

[Becky Burr]

FWIW, and stepping outside of my chair role, and as I've said previously,
the proposed two step analysis put forward by Melina is quite clearly
legal.  The only question is what happens if the registrar gets it wrong -
e.g., fails to identify and redact personal information contained in a
legal person's registration data.  The question boils down to: "To what
extent does having and complying with a documented multi-step process
(e.g., the steps described by Melina in the question) reduce liability
under GDPR for the inadvertent publication of personal data?"

Melina, Laureen, what am I missing?

On Thu, Mar 18, 2021 at 3:20 PM Volker Greimann via Gnso-epdp-legal <
gnso-epdp-legal at icann.org> wrote:

> I do not see why we need step 1 in the first place. The only relevant
> information is whether the data contains personal information or not. The
> differentiation between legal and natural is totally irrelevant to this.
>
>
> *4.  Would you change or add anything else on your analysis under points
> 1, 2 and 3 if registrant is enabled to confirm that its provided data
> contains only non-personal information. Disclose only data sets containing
> non-personal information. *
>
>
> *This version is quick and to the point of the core of the matter. Why
> complicate things needlessly?*
>
>
>
>
> --
> Volker A. Greimann
> General Counsel and Policy Manager
> *KEY-SYSTEMS GMBH*
>
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>
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> On Thu, Mar 18, 2021 at 3:03 PM Caitlin Tubergen via Gnso-epdp-legal <
> gnso-epdp-legal at icann.org> wrote:
>
>> Dear Legal Committee,
>>
>>
>>
>> Thank you to Laureen for working with Melina to edit the highlighted
>> questions in the attached document; as a reminder, the other questions in
>> this document have already been submitted to Bird & Bird – please only
>> review the highlighted questions. We have provided the questions below for
>> ease of reference:
>>
>>
>>
>> *4.  Would you change or add anything else on your analysis under points
>> 1, 2 and 3 if an additional step is introduced after distinguishing between
>> natural and legal persons, as described in the 2-step approach below? In
>> particular, could you please assess the level of risk (if any) of such
>> approach:*
>>
>> *a.           Step one,  allow self-identification of registrant as
>> either natural and legal person. If natural, then full redaction of data
>> remains in place, if legal go to step 2.*
>>
>> *b.           Enable registrant to further confirm that its provided data
>> contains only non-personal information.  *
>>
>> *c.           Step 2,  Further distinguishing between data of legal
>> persons which contain personal information and data which contain
>> non-personal information. Publish only non-personal information. *
>>
>>
>>
>> *Please advise on potential further steps that could be taken on how to
>> safely implement such an approach to minimize liability for wrongful
>> disclosure (if different than the steps described above).*
>>
>>
>>
>> Please review Laureen and Melina’s edits and reply via the mailing list
>> by *COB Friday, 19 March* if you have any proposed edits or concerns.
>>
>>
>>
>> Best regards,
>>
>>
>>
>> Berry, Caitlin, and Marika
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