[Gnso-epdp-team] For your review - revised language re. Geographic application
epdp at gdpr.ninja
Fri Nov 9 17:28:32 UTC 2018
I agree with Ayden and James.
As the term „over-application“ is not a legal term, there is the risk that it is understood as conveying a (negative) value judgement. In our report, we should rather present diverging views in an unbiased fashion.
> Am 09.11.2018 um 17:11 schrieb James M. Bladel <jbladel at godaddy.com <mailto:jbladel at godaddy.com>>:
> Agree with Ayden, there is no such concept as “over-compliance” with the law. And I recommend replacing the specific (GDPR) with the generic (Data Protection law/requirements) wherever possible.
> James Bladel
> From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org <mailto:gnso-epdp-team-bounces at icann.org>> on behalf of Ayden Férdeline <icann at ferdeline.com <mailto:icann at ferdeline.com>>
> Reply-To: Ayden Férdeline <icann at ferdeline.com <mailto:icann at ferdeline.com>>
> Date: Friday, November 9, 2018 at 10:09
> To: Marika Konings <marika.konings at icann.org <mailto:marika.konings at icann.org>>
> Cc: "gnso-epdp-team at icann.org <mailto:gnso-epdp-team at icann.org>" <gnso-epdp-team at icann.org <mailto:gnso-epdp-team at icann.org>>
> Subject: Re: [Gnso-epdp-team] For your review - revised language re. Geographic application
> I take objection to the first bullet point that says the "GDPR should not be over-applied." While the law may set forward minimum standards of behaviour, ethical duties and obligations do not always neatly correspond, and I believe it is our responsibility to make decisions that are ethical, and not only strictly legal. I appreciate Alan Greenberg wrote on our list several days ago to say we may have differing opinions on what is ethical and what is not, and I do not dispute that. Of course there is a degree of subjectivity here, though I would also say it isn't actually all that fuzzy. We should not need laws and regulations to guide our actions, but a moral compass that tells us we should not violate the rights of others just because we can get away with it. All domain name registrants should be entitled to privacy protections, not just those in jurisdictions with data protection regulations backed by fines.
> Best wishes,
> Ayden Férdeline
> ‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
> On Friday, 9 November 2018 16:34, Marika Konings <marika.konings at icann.org <mailto:marika.konings at icann.org>> wrote:
>> Dear All,
>> Please find attached for your review the proposed language in relation to geographic application for inclusion in the Initial Report, based on the input that has been received to date. Staff accepted the redlines of the previous version so the redlines on page 1-2 are the edits that have been made based on the discussions to date as well as edits suggested (in the subsequent pages you can find the original draft as well as input received). Please share any further comments you made have with the mailing list by Monday 12 November at the latest.
>> Best regards,
>> Caitlin, Berry and Marika
>> Marika Konings
>> Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN)
>> Email: marika.konings at icann.org <mailto:marika.konings at icann.org>
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