[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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