[Gnso-epdp-team] Discussion of Temporary Specification §§4.1-4.3
Stephanie Perrin
stephanie.perrin at mail.utoronto.ca
Thu Sep 6 10:32:10 UTC 2018
Kurt, I think the point is that these processing practices were not
adequate. The fact that ICANN got away with them should not be construed
as an acceptance that they were legal. We need to examine ICANN's scope
and bylaws to determine how far they overreach. Many actors on this EPDP
are arguing that ICANN has a duty to support law enforcement access, for
instance, and trademark enforcement. This is a matter that a court
would examine rather closely, it would not simply take ICANN's word for
it that producing a repository of personal information for informal
access is a role that ICANN properly plays.
I attach two letters from the former Chair of the Article 29 Working
Party, sent at the time of the consultation of the 2013 RAA
consultations. While they focus on the new data retention requirements,
the reasoning still applies. Please note the penultimate paragraph on
page 4 of the 2012 letter. Page two of the second letter specifically
notes that law enforcement needs should be addressed through national law.
Stephanie Perrin
On 2018-09-06 02:31, Kurt Pritz wrote:
> Given that we have existing data collection and processing practices
> that were adequate pre-GDPR, it seems better to weigh those practices
> against GDPR and see what remains.
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