[Gnso-epdp-team] Guiding questions for the small team meeting on automation

[Janis Karklins]

Dear small team volunteers,



Thank you for volunteering to further review the proposals for automated
disclosure decisions that were submitted by Mark SV for EPDP Team
consideration. As a reminder, the EPDP Team put forward in its Initial
Report that “Disclosure decisions should be automated only where
technically and commercially feasible and legally permissible”.



Please review the latest version of the document (see
https://community.icann.org/x/BhSJBw for the latest version) prior to the
meeting and consider for each of the proposals the following question:



·         Are disclosure decisions in these proposals technically feasible?
If yes, how would this be done? If no, why not?

·         Are disclosure decisions in these proposals legally permissible?
If not, why not and what safeguards would need to be put in place that
would make the proposals legally permissible? Are there specific legal
questions that the legal committee should further consider that would
provide further insight into the legal permissibility of these proposals?

·         Considering the Belgian DPA input that “the GDPR would not
prohibit the automation of various functions in an access model. It is not
how the disclosure decision is made that matters, but to be able to
demonstrate that any algorithm automating decision-making considers the
criteria required for such a decision to be compliant with the GDPR”, what
criteria would need to be in place to demonstrate compliance for each
proposal?

·         Are there any other proposals that should be considered at this
stage?



As reminder, the call is scheduled for Tuesday 25 February at 14.00 UTC.


Best regards
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