[Gnso-epdp-team] RySG feedback to legal sub team batch 2 questions for Bird and Bird

[Anderson, Marc]

Janis and EPDP2 working group members,



On behalf of the RySG team I am providing the following feedback to the draft batch 2 legal questions proposed by the legal committee.



The RySG would like to thank the legal committee members, support staff and chairs, Leon, and Becky.  Obviously a lot of hard work above and beyond the regular EPDP2 work went into this document and the RySG is appreciative of the time and efforts of all involved.



The priority 1 questions all deal with reverse lookups.  The RySG team is of the opinion that reverse lookups are out of scope of the EPDP's work.  Consequently we request removing the reverse lookup questions from the batch 2 submission to Bird & Bird.  We recognize that reverse lookups are convenient.  They were not previously supported under pre-GDPR systems or in the scope of the charter.  Expanding SSAD functionality in this manner is beyond our remit.  It is the RySG position that the SSAD system resulting from our work should not support reverse lookups of any kind.



This is not intended to preclude potential future policy work on reverse lookups however the RySG feels that policy work would need to be done in accordance with GNSO procedure developing an issues paper and specifically scoping that work.



We also want to make it clear that we are not proposing a prohibition on any reverse functionality that may exist elsewhere (we view that as similarly out of scope), only that it isn't in scope for the EPDP2 work in developing an SSAD.



Appreciating that a lot of effort clearly went into crafting the proposed batch 2 legal questions for Bird & Bird, the RySG team is requesting additional information on the intended outcome of the questions for Bird & Bird.  Noting the cost of outside counsel and our responsibility to be financially responsible, we are having a difficult time judging if these questions are necessary for our work and if responses to them will aid the development of final policy recommendations.



By way of example, we aren't sure how an answer to the question on Territorial Scope would help inform our phase 2 policy recommendations.  The working group has always agreed that GDPR does not apply to everyone and has a shared understanding of its applicability.  It doesn't appear that asking this question will result in new information for the working group to consider.



It would be helpful to the working group to have clarity on the intended result of each question (e.g. support or modify an existing SSAD policy recommendation).  It seems likely that would also help focus outside council if they have a better understanding of the purpose of the questions.



Thank you,

RySG Team



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