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

[Hadia Abdelsalam Mokhtar EL miniawi]

Hi All,

Please find attached the PDF version.

Best
hadia

From: Gnso-epdp-team [mailto:gnso-epdp-team-bounces at icann.org] On Behalf Of Hadia Abdelsalam Mokhtar EL miniawi
Sent: Tuesday, February 25, 2020 3:55 PM
To: Janis Karklins; EPDP; gnso-epdp-lead at icann.org
Cc: Hadia El Miniawi
Subject: Re: [Gnso-epdp-team] Guiding questions for the small team meeting on automation

Hi All,

Please find attached a simple flowchart that I have prepared to guide us in determining the legality of the automated decision making. The flowchart is based on article 22 and the ICO online guide

Kind regards
Hadia

From: Gnso-epdp-team [mailto:gnso-epdp-team-bounces at icann.org] On Behalf Of Janis Karklins
Sent: Monday, February 24, 2020 7:59 AM
To: EPDP; gnso-epdp-lead at icann.org
Subject: [Gnso-epdp-team] Guiding questions for the small team meeting on automation

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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