[Gnso-epdp-team] For your review - Clarifying Legal Questions Table

Fri May 24 23:02:26 UTC 2019

Dear Caitlin, colleagues,

Please find below questions on the topics of the legal memos from the GAC:
Accuracy
.       If current verification statistics provide that a large number of data is inaccurate isn't that a metric to deduce that the accuracy principle is not served in a reasonable manner as demanded by the GDPR?
.       According to the GDPR all personal data are processed based on the principle that they are necessary for the purpose for which they are collected. If those data are necessary, how can the purpose be served while the data are inaccurate?
.       Can you provide an analysis on the third-parties mentioned in para 19 on which "ICANN and the relevant parties may rely on to confirm the accuracy of personal data if it is reasonable to do so"? Do they become in such a scenario data processors?
.       How does the accuracy principle in connection to the parties' liability has to be understood in light of the accountability principle of the GDPR? What are the responsibilities of ICANN and the contracted parties (who are subject to the GDPR) under Chapter IV pf the GDPR? If the contracted parties (as data controllers) engage third entities as processors (e.g. to provide data back-up services), what are the responsibilities of these entities? What does this mean in terms of liabilities (in light of Art. 82 GDPR)?
.       While in the first place it is up to the registrants to provide accurate details about themselves and it is up to the registrants not to mistakenly identify themselves as natural or legal persons, the Memo on "Natural vs Legal persons" provides interesting ideas/suggestions for the contracted parties to proactively ensuring the reliability of information provided, including through measures to independently verify the data. Could similar mechanisms be identified also for ensuring the reliability of the contact details of the registrant? Can best practices be drawn from the ccTLD?

Natural or non-natural persons
.       How is the (inaccurate or accurate) designation by the registrant about her status as non-natural person considered personal data information? If it's not is the analysis about whether the accuracy principle applies relevant?
.       How would the analysis provided take into account the possibility for registrants who are natural persons to "opt-in" for a full publication of their personal data? Indeed it might be the case that some of these registrants might wish to ensure their details are available on WHOIS.

Technical contact
Most of the issue for not allowing this seems to be around the inability to verify if the RNH has obtained consent from the technical contact. When the CP's verify the email address could consent also be confirmed for the term of the registration?

General question:
.       How could anonymisatio/pseudonymisation techniques be of help in complying with the GDPR while also allowing for additional disclosure of certain data elements? E.g. use of anonymised/pseudonymised emails and names, in particular in the context of registrations by legal persons.

Apologies again for the delay of our submission.
Georgios Tselentis (GAC-EPDP)

From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> On Behalf Of Caitlin Tubergen
Sent: Wednesday, May 22, 2019 5:22 PM
To: gnso-epdp-team at icann.org
Subject: [Gnso-epdp-team] For your review - Clarifying Legal Questions Table

Dear EPDP Team,

Following up on an action item from our last meeting, please find attached a table which organizes the clarifying legal questions received to date. We will discuss the table during our next meeting.

Please note that the deadline for submitting additional clarifying questions is before 14:00 UTC on Thursday, 23 May. If additional questions come in before the deadline, we will update the table accordingly.

Thank you.

Best regards,

Marika, Berry, and Caitlin

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