[Gnso-epdp-team] European Commission comments on Phase 1 report - additional information

Alex Deacon alex at colevalleyconsulting.com
Sat May 4 20:55:45 UTC 2019


Thanks Chris for forwarding these letters to the team.  And thanks also to
both ICANN org and the European Commission for this important input and
very helpful clarification.

The EC letter makes it very clear that the development of a unified access
model is not only vital, urgent and a matter of priority, but also that
such a model would be fully in line with EU data protection rules (i.e.,
the GDPR).    Clearly we have a lot of work to do to attain this goal and
our main focus should be to chart a path (work plan, schedule, etc.) to
achieve it and then get to work.

In response to these letters:

First, the IPC agrees completely that "ICANN and the contracted parties may
enable access to and disclose registration data upon request from a third
party showing a legitimate interest, provided both the controller - ICANN
and/or the contracted parties - and the third party have a legal basis for
such processing (see below)."

Second, we do not understand assertions that some are arguing for an
"all-access" WHOIS model or that there exists a set of people who believe
we can somehow return to unfettered WHOIS access. Spending time arguing
against positions that do not exist in the ePDP is distracting and a waste
of time.

Lastly, while we appreciate Volker’s suggestion to create shortcuts to save
time, we do not agree that issues related to access for LEA should be
prioritized ahead of issues related to other third party legitimate
interests. LEA have their own processes for getting standardized access to
data, which are different from the private sector. IP and consumer
protection do not, and LEA access methods will not be particularly relevant
in addressing these issues.  To expeditiously complete a standardized
access model, we should focus on answering the questions as outlined in the
charter - and build a framework to accommodate standardized access for all
legitimate interests in compliance with the law.

Regards,
Alex

___________
*Alex Deacon*
Cole Valley Consulting
alex at colevalleyconsulting.com
+1.415.488.6009



On Fri, May 3, 2019 at 4:11 AM Chris Disspain <chris at disspain.uk> wrote:

> Hello All,
>
> As you will know, on 26 April Göran Marby wrote to the European Commission
> seeking additional information regarding their comments of 17 April. That
> letter is attached for ease of reference.
>
> A response has now been received from the Commission and I attach that for
> your information.
>
>
>
> Cheers,
>
>
> CD
>
>
> _______________________________________________
> Gnso-epdp-team mailing list
> Gnso-epdp-team at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-epdp-team
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