[Gnso-epdp-team] Access definition

jk karklinsj at gmail.com
Sun May 26 06:47:12 UTC 2019


Milton,

 

Can't we think in terms of access as  right (for data subjects) and access
of third parties to non-private data per established procedure.

On the former, you gave full justification in your e-mail.

For the latter, for example, LEA may get access to full or limited set of
data by a court warrant. Other groups may too as a result of a certain
established policy and process.

For the sake of our exercise, precise legal definition is not essential, but
rather common understanding.  

 

Just a thought

JK

 

From: Gnso-epdp-team [mailto:gnso-epdp-team-bounces at icann.org] On Behalf Of
Mueller, Milton L
Sent: Saturday, May 25, 2019 3:04 PM
To: gnso-epdp-team at icann.org
Subject: [Gnso-epdp-team] Access definition

 

Here is the definition of "access" in the GDPR. 

Article 15, EU GDPR, "Right of access by the data subject"

1.       The data subject shall have the right to obtain from the controller
confirmation as to whether or not personal data concerning him or her are
being processed, and, where that is the case, access to the personal data
and the following information:

(a) the purposes of the processing;

(b) the categories of personal data concerned;

(c) the recipients or categories of recipient to whom the personal data have
been or will be disclosed, in particular recipients in third countries or
international organisations; 

(d) where possible, the envisaged period for which the personal data will be
stored, or, if not possible, the criteria used to determine that period; 

(e) the existence of the right to request from the controller rectification
or erasure of personal data or restriction of processing of personal data
concerning the data subject or to object to such processing; 

(f) the right to lodge a complaint with a supervisory authority; 

(g) where the personal data are not collected from the data subject, any
available information as to their source;

(h) the existence of automated decision-making, including profiling,
referred to in Article 22(1) and (4) and, at least in those cases,
meaningful information about the logic involved, as well as the significance
and the envisaged consequences of such processing for the data subject.

http://www.privacy-regulation.eu/en/article-15-right-of-access-by-the-data-s
ubject-GDPR.htm

 

It is abundantly clear that legally, "access" refers to a general and
unconditional right of the data subject to see data about themselves and to
understand the provenance of the data a processor or controller has about
themselves. 

 

For the sake of legal accuracy, clarity, and avoidance of confusion let us
cease confusing third party disclosure rights with data subjects' access
rights. The working definitions proposed are invalid and need to be modified
in conformity with proper legal usage. 

 

I am sure we will have a robust policy debate about how extensive or limited
third party disclosure rights are. Let us not waste time playing word games
(i.e., conflating data subject access rights with third party disclosure
rights) instead.

 

Dr. Milton L Mueller

Georgia Institute of Technology

School of Public Policy



 

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