[Gnso-epdp-team] Recommendation 12 - Reasonable Access

[Thomas Rickert]

Hi all,
I think it is important to clarify that these criteria work for disclosure requests for civil claims. We should avoid the impression that and thereby manage the community’s expectations re LEA requests. These follow applicable laws and the criteria might be different from what is listed here. Also I remember from a small group discussion in Toronto that there was sympathy for this suggestion, when I made it there. 

I am bringing this back up as the disclosures we are discussing here will be primarily based on Art 6 I f GDPR, but that clause is blocked for public authorities in performing their core duties. That means that LEA must use a legal basis where the disclosure by the CP occurs based on 6 I c GDPR. When that is applicable, there is no choice for the CP but to disclose - which is different from disclosing according to Art 6 I f GDPR.The aforementioned is true for European LEA imho. What we do not yet know is how disclosure can be made work, if at all, to non-EU LEA. Hence, I would rather be cautious in our language. 

Best,
Thomas

> Am 05.02.2019 um 19:27 schrieb Sarah Wyld <swyld at tucows.com>:
> 
> Hello All,
> 
> As discussed on today's call, here is the proposed revised Rec. 12 from RySG/RrSG. Thank you. 
> 
> -- 
> Sarah Wyld
> Domains Product Team
> Tucows
> +1.416 535 0123 Ext. 1392
> 
>  
> On 1/31/2019 11:31 PM, Kurt Pritz wrote:
>> Hello Everyone: 
>> 
>> Thanks again for your perseverance. And - thank you in advance for your spirit of cooperation and compromise in considering the attached. We have spent the last few days reviewing the transcripts and other records of our recent discussions and then amending the Final Report Recommendations - taking into account the Initial Report Recommendations, the small team work, the conclusions in Toronto and these last several meetings. 
>> 
>> The Recommendations included here are: 
>> 
>> Recommendation 5 - Data elements to be transferred from Registrars to Registries
>> Recommendation 10 - Email communication
>> Recommendation 12 - Reasonable Access
>> Recommendation 14 - Responsible Parties
>> 
>> [Not included are Rec. 13 (sent earlier) and Rec. 11 and the Research Purpose (to be sent tomorrow.]
>> 
>> Each of these documents has a brief forward containing a description of the pertinent discussion and an explanation for choosing the wording in the Recommendations. They each then contain the Recommendation as originally written and a redline of the proposed recommendation based on the most recent discussions.  Please read the entire documents (they are not long), and not just the recommendation itself.
>> 
>> I am certainly not asking for you to stand silently by if you disagree with these Recommendations because they would negatively impact GDPR compliance. I am asking that you study the balancing that went into this and be ready to accept wording in cases where it does not match your own choice. 
>> 
>> Please review with your groups and return to us by Monday so that we can put any of these on the Tues/Wed/Thur agendas. 
>> 
>> Sincerely,
>> 
>> Kurt
>> 
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>> https://mm.icann.org/mailman/listinfo/gnso-epdp-team <https://mm.icann.org/mailman/listinfo/gnso-epdp-team><Recommendation 12 - Updated language - 5 February 2019.doc>_______________________________________________
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