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

Amr Elsadr aelsadr at icannpolicy.ninja
Mon Feb 24 11:19:43 UTC 2020


Hi,

I’d like to participate in this small team, if it isn’t too late to do so.

Also, regarding the questions in the second bullet and for the purpose of this exercise, I suggest that the small team not work with any presumptions on wether automation of disclosure decisions can or cannot be legally permissible using safeguards. Leaving the question open would be more helpful:

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

Thanks.

Amr

> On Feb 24, 2020, at 7:58 AM, Janis Karklins <karklinsj at gmail.com> wrote:
>
> 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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