[Gnso-epdp-team] Updated Language Regarding Purposes

Volker Greimann vgreimann at key-systems.net
Thu Oct 10 08:47:50 UTC 2019

Actually, the purposes you list are too generic and do not allow the 
disclosing party to verify the complaint.

Instead, a requester should give as much detail as possible to allow the 
disclosing party to make a balancing test in their favor.

So instead of "Trademark Infringement", the requester should detail 
specifically which trademark he believes to have been infringed and how 
the domain name registration is infringing on this trademark. This goes 
beyond stating that the two strings match.

Instead of "in the commission of a crime" the crime at hand and how the 
domain name is used in it should be detailed.

Simply put, the requester should be held to provide the specific 
evidence he has that triggered the request in the first place. It should 
not require the discloser to try and figure this out themselves. The 
request should allow the discloser to check the evidence and conclude 
that "Yep, this requester has made a sufficient case that warrants 


Am 09.10.2019 um 22:58 schrieb Mark Svancarek (CELA) via Gnso-epdp-team:
> We’re just going to create omnibus-type purposes that we declare at 
> the time of disclosure request.  I think I mentioned this 2 weeks 
> ago.  I doubt it is lawfully required, but I will discuss with our 
> data protection attorneys.
> Margie said: “My purpose is Investigation of Trademark Infringement.  
> But sometimes such an investigation results in Investigation of 
> Phishing.  Those are compatible, I don’t need to ask again.”
> Amr sez: “Nope, ya gotta ask again.”
> Instead, I propose: “My purpose is to investigate the use of a domain 
> name in the commission of a crime.  The crimes I am investigating are 
> trademark infringement, phishing and malware distribution.”
> Of course there will be objection to this, but I am fairly certain 
> it’s lawful.
> *From:* Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> *On Behalf 
> Of *Margie Milam
> *Sent:* Wednesday, October 9, 2019 11:37 AM
> *To:* Mark Svancarek (CELA) via Gnso-epdp-team 
> <gnso-epdp-team at icann.org>; King, Brian <Brian.King at markmonitor.com>; 
> alexATcolevalleyconsulting.com <alex at colevalleyconsulting.com>; 
> sdelbiancoATnetchoice.org <sdelbianco at netchoice.org>; Jennifer Gore 
> <Jennifer at winterfeldt.law>
> *Subject:* [Gnso-epdp-team] FW: Updated Language Regarding Purposes
> Ugh—suggestions for dealing with this?
> *From: *Amr Elsadr <aelsadr at icannpolicy.ninja 
> <mailto:aelsadr at icannpolicy.ninja>>
> *Reply-To: *Amr Elsadr <aelsadr at icannpolicy.ninja 
> <mailto:aelsadr at icannpolicy.ninja>>
> *Date: *Wednesday, October 9, 2019 at 4:34 AM
> *To: *Margie Milam <margiemilam at fb.com <mailto:margiemilam at fb.com>>
> *Subject: *Re: Updated Language Regarding Purposes
> Hi Margie,
> Thanks for this. I’m still having trouble with the reference to 
> Article 5.1.b, and its applicability here. The ICO guidance on the 
> purpose limitation principle has only reinforced this 
> (https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/principles/purpose-limitation/ 
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__ico.org.uk_for-2Dorganisations_guide-2Dto-2Ddata-2Dprotection_guide-2Dto-2Dthe-2Dgeneral-2Ddata-2Dprotection-2Dregulation-2Dgdpr_principles_purpose-2Dlimitation_&d=DwMGaQ&c=5VD0RTtNlTh3ycd41b3MUw&r=_4XWSt8rUHZPiRG6CoP4Fnk_CCk4p550lffeMi3E1z8&m=P8kQ3-cLXhICChBb4qTjEHvguZpoj0OFN7pjdIfsH6Y&s=Td_uk-yaqqcmbo600dsEJnKGVuVC7WiAsX-Kk43iavg&e=>). 
> The explanation of what the principle is, as well as the checklist 
> associated with it all indicate to me that it is applicable to the 
> Data Controller, not a 3rd party/Requestor for disclosure/access.
> My thinking is that if we are to proceed as you have suggested in your 
> email below, the process needs to loop in the Data Controller, 
> somehow. Some reasons why this might be necessary:
> 1. It shouldn’t be up to the 3rd party to determine what additional 
> purposes are or are not compatible. Ultimately, the Data Controller 
> and Processor will be held accountable by the data subject, and 
> possibly liable by a DPA for errors in judgment on this, so should be 
> looped in.
> 2. If the Controller is not (at a minimum) informed of additional 
> purposes for which the personal data will be processed, I’m not sure 
> how the Controller will track and keep records of how the data that 
> was disclosed will be or was processed.
> 3. If the Data Subject requests access to a report on how its personal 
> data has been processed, it would need to make this request to the 
> Controller with which it is familiar (likely the registrar). If the 
> Controller is not involved in the decision to process the personal 
> data for additional compatible purposes, it will not be in a position 
> to provide the Data Subject with a complete report on how the data 
> was, or is being, processed, at least not until (or if) an audit is 
> conducted.
> So let’s say there is a scenario where a Requestor has been granted 
> disclosure/access to the personal data for a specific purpose, then 
> discovers that there is(are) additional purpose(s) for which the 
> personal data needs to be processed further. This could be for 
> compatible purposes, or other unrelated ones (but still fulfilling the 
> requirements of a legitimate interest of the Requestor and supported 
> by a legal basis).
> It’d make sense to me, that in this kind of scenario, some follow-up 
> to the original request for disclosure be available where the 
> Requestor communicates the need for further processing in the SSAD, 
> and that there is some need for the Controller to make a decision on 
> wether to grant permission for this additional processing.
> Also, since this would be a follow-up to a previously approved 
> disclosure request, it might make sense that the follow-up is flagged 
> for a quicker response time of the request for additional processing 
> of the personal data for additional purposes (compatible or 
> unrelated). This could possibly be reflected in Building Blocks G and K?
> I know this adds an administrative layer, and slightly slows things 
> down, but it provides more certainty in the process as a whole, 
> doesn’t it? I believe it would be necessary in order to protect the 
> rights of all parties involved, as well as provide the transparency in 
> processing that you referred to in your proposed amendment to 
> subsection C of Building Block D.
> If you agree with any of this, in principle, we can try some 
> wordsmithing of the proposed amendment. If you have concerns, let’s 
> try to address them first.
> Thanks again, Margie.
> Amr
>     On Oct 8, 2019, at 6:53 PM, Margie Milam <margiemilam at fb.com
>     <mailto:margiemilam at fb.com>> wrote:
>     Hi Amr –
>     Following up on today’s homework – here’s a link to information
>     from the UK Information Office that can help guide the drafting of
>     this section:
>     https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/principles/purpose-limitation/
>     <https://urldefense.proofpoint.com/v2/url?u=https-3A__ico.org.uk_for-2Dorganisations_guide-2Dto-2Ddata-2Dprotection_guide-2Dto-2Dthe-2Dgeneral-2Ddata-2Dprotection-2Dregulation-2Dgdpr_principles_purpose-2Dlimitation_&d=DwMGaQ&c=5VD0RTtNlTh3ycd41b3MUw&r=_4XWSt8rUHZPiRG6CoP4Fnk_CCk4p550lffeMi3E1z8&m=P8kQ3-cLXhICChBb4qTjEHvguZpoj0OFN7pjdIfsH6Y&s=Td_uk-yaqqcmbo600dsEJnKGVuVC7WiAsX-Kk43iavg&e=>
>     Here’s what I suggest:
>     The building block should use this language:
>     “not incompatible with the original purpose, provided the new
>     purpose is fair, lawful and transparent.”
>     The policy recommendation would also need to include specific
>     disclosures to the registrant, describing the common purposes for
>     3^rd party access, so that the transparency requirement is met.
>     Margie
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Volker A. Greimann
General Counsel and Policy Manager

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