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

Wed Mar 31 12:54:11 UTC 2021

Dear all,

I forgot to ask in our last EPDP meeting what is the latest update regarding the questions submitted to B&B. Has my question finally been submitted?

I just realized that although I had clicked ‘reply to all’, the epdp contact list was not copied so you probably hadn’t seen my email.

Given that we currently focus on developing guidance and best practices I believe it would be beneficial for the contacted parties who wish to distinguish to know which option would be the safest from a GDPR compliance perspective.

We have been engaged bilaterally with contracted parties who are currently not represented in the EPDP due to limited resources and understand that the more clarity they can obtain on their options the better.

Best,
Melina

From: STROUNGI Melina (CNECT)
Sent: Tuesday, March 23, 2021 4:21 PM
To: 'Volker Greimann' <vgreimann at key-systems.net>; Caitlin Tubergen <caitlin.tubergen at icann.org>
Subject: RE: [Gnso-epdp-legal] Updated legal v. natural questions (Melina)

Dear Volker

Thanks for your comment. Just a quick reaction from my side.

The distinction between natural and legal persons is made by the GDPR and is neither irrelevant nor can be omitted.
In case the registrant is a natural person you want to make sure you will not publish any data of that registrant.

We have already accepted almost all your edits, and this 2-step approach does take into account your concerns about the nature of the data.

The first step is important and cannot be omitted.
Happy to have a bilateral privacy discussion to explain why.

For the time being and as time is of the essence I would appreciate if we could move forward with this question, since no objections were raised by last Friday’s deadline and since your edits were already integrated.

Best,
Melina

From: Gnso-epdp-legal <gnso-epdp-legal-bounces at icann.org<mailto:gnso-epdp-legal-bounces at icann.org>> On Behalf Of Volker Greimann via Gnso-epdp-legal
Sent: Thursday, March 18, 2021 8:20 PM
To: Caitlin Tubergen <caitlin.tubergen at icann.org<mailto:caitlin.tubergen at icann.org>>
Cc: gnso-epdp-legal at icann.org<mailto:gnso-epdp-legal at icann.org>
Subject: Re: [Gnso-epdp-legal] Updated legal v. natural questions (Melina)

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

T: +49 6894 9396901
M: +49 6894 9396851
F: +49 6894 9396851
W: www.key-systems.net<https://urldefense.com/v3/__http:/www.key-systems.net/__;!!DOxrgLBm!UmSGJdLlFx_KBNx17sXd_i0DQmhms7GirQ8s20vEXFjesqx7nTSo3NHvljfpHrhWuT1XXFi8$>

Key-Systems GmbH is a company registered at the local court of Saarbruecken, Germany with the registration no. HR B 18835
CEO: Oliver Fries and Robert Birkner

Part of the CentralNic Group PLC (LON: CNIC) a company registered in England and Wales with company number 8576358.

This email and any files transmitted are confidential and intended only for the person(s) directly addressed. If you are not the intended recipient, any use, copying, transmission, distribution, or other forms of dissemination is strictly prohibited. If you have received this email in error, please notify the sender immediately and permanently delete this email with any files that may be attached.

On Thu, Mar 18, 2021 at 3:03 PM Caitlin Tubergen via Gnso-epdp-legal <gnso-epdp-legal at icann.org<mailto: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
_______________________________________________
Gnso-epdp-legal mailing list
Gnso-epdp-legal at icann.org<mailto:Gnso-epdp-legal at icann.org>
https://mm.icann.org/mailman/listinfo/gnso-epdp-legal<https://urldefense.com/v3/__https:/mm.icann.org/mailman/listinfo/gnso-epdp-legal__;!!DOxrgLBm!UmSGJdLlFx_KBNx17sXd_i0DQmhms7GirQ8s20vEXFjesqx7nTSo3NHvljfpHrhWuQI8wzRp$>
_______________________________________________
By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy<https://urldefense.com/v3/__https:/www.icann.org/privacy/policy__;!!DOxrgLBm!UmSGJdLlFx_KBNx17sXd_i0DQmhms7GirQ8s20vEXFjesqx7nTSo3NHvljfpHrhWuWZD1ye9$>) and the website Terms of Service (https://www.icann.org/privacy/tos<https://urldefense.com/v3/__https:/www.icann.org/privacy/tos__;!!DOxrgLBm!UmSGJdLlFx_KBNx17sXd_i0DQmhms7GirQ8s20vEXFjesqx7nTSo3NHvljfpHrhWuXloHWyI$>). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-epdp-legal/attachments/20210331/27767d79/attachment-0001.html>