[Gnso-epdp-team] Notes & action items from today's meeting
Alex Deacon
alex at colevalleyconsulting.com
Tue Oct 2 23:21:27 UTC 2018
Thanks Marika.
Regarding action item 2 there was discussion of being able to create a
redline with comments. If so can you please send/upload a word version of
the new legal basis document?
Thanks!
Alex
On Tue, Oct 2, 2018 at 9:20 AM Marika Konings <marika.konings at icann.org>
wrote:
> Dear All,
>
>
>
> Please find below the notes and action items from today’s meeting. In
> order to facilitate the signing up for the small teams, please use the
> following link
> https://docs.google.com/document/d/1ChEYy-cZmT3qTD62-HsoVmddD96m6cbkSOv5dmAjmpY/edit?usp=sharing.
> As a reminder, please self-organize and assign max. 1 member from each
> group per small team. Call details will be sent to all, but only designated
> members are expected to attend (view only AC will be available for others
> interested to follow the deliberations).
>
>
>
> Best regards,
>
>
>
> Caitlin, Berry and Marika
>
>
>
> =============
>
>
>
> EPDP Team Meeting #16
>
> Tuesday, 2 October 2018
>
> Notes and Action Items
>
>
>
> *High-level Notes/Actions:*
>
>
>
> *Action item #1: *add to Purpose C a second processing activity that is
> focused on disclosure of technical contacts to third parties t to
> communicate or notify RNH of technical and/or administrative issues (third
> parties 6.1(f)).
>
>
>
> *Action item #2: *Regarding the Legal Basis document, RySG to provide
> additional data processing steps by Wednesday 3 October COB.
>
>
>
> *Action item #3: *EPDP Team to review lawful basis memo and proposed
> designations for each purpose and processing activity and communicate by
> Wednesday COB any objections to the proposed designations
>
>
>
> *Action item #4: *Leadership to develop methodology to be developed to
> further consider idea of ICANN having direct contract with registrants.
>
>
>
> *Action item #5: *Alan Greenberg to write statement why optional
> provision of admin/tech contact is important.
>
>
>
> *Action item #6: *EPDP Team to review planning and schedule and share any
> feedback on the list.
>
>
>
> *Questions for ICANN Org from the EPDP Team:*
>
> None
>
>
>
> *Notes & Action items*
>
>
>
> *These high-level notes are designed to help the EPDP Team navigate
> through the content of the call and are not meant as a substitute for the
> transcript and/or recording. The MP3, transcript, and chat are provided
> separately and are posted on the wiki at:
> https://community.icann.org/x/2IpHBQ
> <https://community.icann.org/x/2IpHBQ>.*
>
>
>
> *1. Roll Call & SOI Updates (5 minutes)*
>
>
>
> - Attendance will be taken from Adobe Connect
> - Please remember to mute your microphones when not speaking, and
> state your name before speaking for transcription purposes.
> - Please remember to review your SOIs on a regular basis and update as
> needed. Updates are required to be shared with the EPDP Team.
>
>
>
> *2. Welcome and Updates from EPDP Team Chair (5 minutes)*
>
> - Recap EPDP Team F2F meeting - see high level notes circulated and
> posted on the wiki (https://community.icann.org/x/rQarBQ). Feedback
> welcome on what worked well and what didn't.
> - Meeting schedule going forward - to be discussed under item 5 on the
> agenda.
> - Review of outstanding action items - see
> https://community.icann.org/x/NwSNBQ
> - Other updates, if applicable
>
>
>
> *3. Legal basis for purposes and related processing activities*
>
> Objective of discussion:
>
> (1) Agree on legal basis for different purposes and related processing
> activities
>
> a) Review legal basis memo outlining how to differentiate between Art
> 6.1(b) and Art 6.1(f) and discuss how this can be applied to purposes
> identified and related processing activities
>
> b) Agree on legal basis for purposes and related processing activities
>
> - See memo that was circulated prior to this meeting
> - Lawful test designed by Thomas facilitated the discussions but there
> was still confusion around what it means "necessary for performance of a
> contract"
> - Example found from the UK Information Commissioner's Office -
> processing must be necessary for the delivery of your part of the contract.
> If the processing is only necessary to maintain your business model more
> generally, this lawful basis will not apply.
> - Lawful test in combination with example applies to the EPDP Team
> purposes. Highlighted in blue is where small team came to agreement on
> lawful basis, those in orange, based on leadership team assessment.
> - For purpose A, does this just concern data for WHOIS or is it
> broader than that - this is focused on the data that is collected by the
> registrar, regardless of where it is.
> - Purpose C - focused on registrar communication, but this is mainly
> for other parties, why is that not included? If it is for other parties,
> the lawful basis would be 6.1(f). Add second processing activity focused on
> third parties (6.1(f)). May also be captured under purpose B?
> - May need to distinguish between what is collected and what goes into
> an RDDS? For example, in relation to Purpose N. Purpose N not limited to
> Spec 13, would also include Spec 12 gTLDs. Policy recommendations to cover
> the circumstances and purposes through which additional data elements are
> collected, even if those are not published or disclosed through RDDS.
> - In Purpose A, is a processing activity missing? Responding to
> requests from Registered Name Holder for purpose A. Should RNH be mentioned
> as a separate party? RNH is the data subject.
> - For Purpose A, transmission of registration data - why is this both
> 6.1(b) and 6.1(f) - isn't protecting against abuse a necessary part of the
> contract?
> - For Purpose E, isn't this also 6.1(b) as it is part of the broader
> requirements? Small team discussed what would present best case for success
> presenting this to DPAs and agreed on 6.1(f).
> - BC would support ICANN Org having a direct relationship with
> registrant to allow for 6.1(b) if this is currently prevented because ICANN
> does not have a direct contractual relationship with registrants.
> - For purpose F, why not 6.1(b)? In theory you could abolish
> contractual compliance and domain name registration would still work, hence
> 6.1(f) argument.
> - Need additional processing activity in M for party that files
> complaint and needs access to information. Needs to be further considered.
> - Helpful way to lay this out visually, makes it easier to understand.
> Groups need a bit more time to review and comment.
> - EPDP Team to review memo and especially link to CIO web-site.
> - Also note that there where disagreement may persist, this could be
> called out in the Initial Report as a question for which specific input is
> requested especially from DPAs.
>
>
>
> *Action item #1: *add to Purpose C a second processing activity that is
> focused on disclosure of technical contacts to third parties access to this
> information to communicate or notify RNH of technical and/or administrative
> issues (third parties 6.1(f)).
>
>
>
> *Action item #2: *Regarding the Lawful Basis document, RySG to provide
> additional data processing steps EPDP Team to review this document and come
> back with feedback by Wednesday 3 October COB.
>
>
>
> *Action item #3: *EPDP Team to review Lawful Basis memo and proposed
> designations for each purpose and processing activity and communicate by
> Wednesday COB any objections to the proposed designations
>
>
>
> *Action item #4: *Leadership to develop methodology to be developed Small
> team to further consider idea of ICANN having direct contract with
> registrants.
>
>
>
> *4. Review data elements workbook for purpose C - Enable communication or
> notification to the Registered Name Holder and/or their delegated parties
> of technical and/or administrative issues with a Registered Name (see
> https://community.icann.org/x/5AC8BQ
> <https://community.icann.org/x/5AC8BQ>)*
>
> Objective of discussion:
>
> (1) Review data elements workbook for purpose C as completed by small team
> during LA F2F meeting
>
> (2) Agree on data elements needed for this purpose as well as responses to
> different questions in data elements workbook
>
> a) Review data elements workbook for purpose C
>
> b) Discuss any outstanding items / questions
>
> c) Finalize data elements workbook for purpose C
>
> - See data elements workbook for purpose C (see
> https://community.icann.org/x/5AC8BQ)
> - Mandatory fields to be collected under 6.1b, optional fields to be
> collected under 6.1(a) - consent.
> - What does optional mean? If no admin/tech contact info is provided,
> does it then default back to the registrant information?
> - If admin/tech contact info is provided, consent will need to be
> provided by the admin/tech contact.
> - If there is no reason to collect the data, would it go against the
> principle of data minimisation? Is option that is provided to RNH, only
> those that want to make use of this would opt for it, not a requirement.
> - In practice it is often a duplicate and no unique information is
> provided.
> - You could define two different products: 1 where the registrant acts
> for all contacts 2 where he / she wishes to designate additional contacts.
> In such case, both could be 6 I b and collection of third party that would
> occur based on Art. 14.
> - Why is making it an optional field problematic? As no one is
> required to do anything? Under GDPR you will still need to explain why data
> is collected.
>
>
>
> *Action item #5: *Alan Greenberg to write statement why optional
> provision of admin/tech contact is important.
>
>
>
> *5. Share list of outstanding issues and plan for addressing these*
>
> - See planning document circulated prior to the meeting
> - How to sign up for small groups? Groups expected to self-organize -
> ideally max. 1 rep per group. Could use google doc to have an idea of
> attendance.
>
>
>
> *Action item #6: *EPDP Team to review planning and schedule and share any
> feedback on the list.
>
> *6. Wrap and confirm next meeting to be scheduled for Thursday 4 October
> at 13.00 UTC.*
>
> a) Confirm action items
>
> b) Confirm questions for ICANN Org, if any
>
>
>
> *Marika Konings*
>
> *Vice President, Policy Development Support – GNSO, Internet Corporation
> for Assigned Names and Numbers (ICANN) *
>
> *Email: marika.konings at icann.org <marika.konings at icann.org> *
>
>
>
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>
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--
___________
*Alex Deacon*
Cole Valley Consulting
alex at colevalleyconsulting.com
+1.415.488.6009
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