[Gnso-epdp-team] On the proposed guidance
Volker Greimann
vgreimann at key-systems.net
Tue Apr 20 17:18:34 UTC 2021
Thank you Becky.
To illustrate my point further, please have a look at this:
https://www.handelsregister.de/rp_web/welcome.do?language=en
As you can see, you will be required to register for access.
Basic Search is free, no sign-in needed, so you can see what is available.
(Try search for exact match of Key-Systems GmbH for example)
Content is made available based on a nominal fee after login (as well as
acceptance of the terms of use):
https://www.handelsregister.de/rp_web/charge-info.do
No need to re-invent the wheel. Everything I suggest has been built many
times. Integrate it into SSAD and you have a working model.
--
Volker A. Greimann
General Counsel and Policy Manager
*KEY-SYSTEMS GMBH*
T: +49 6894 9396901
M: +49 6894 9396851
F: +49 6894 9396851
W: www.key-systems.net
Key-Systems GmbH is a company registered at the local court of
Saarbruecken, Germany with the registration no. HR B 18835
CEO: Oliver Fries and Robert Birkner
Part of the CentralNic Group PLC (LON: CNIC) a company registered in
England and Wales with company number 8576358.
This email and any files transmitted are confidential and intended only for
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On Tue, Apr 20, 2021 at 6:21 PM Becky Burr <becky.burr at board.icann.org>
wrote:
> Point of information - In the case of registration data, "publicly
> available" cannot mean "without any controls on the use." Use of whois
> data for email and other marketing, etc., has been prohibited since day 1,
> and those limitations have been specifically challenged and upheld in
> court.
>
> Question - I think I agree with Steve that "publicly available" means
> available to anyone, subject to reasonable measures to enforce the use
> prohibitions/limitations. I'm not really clear, however, why making that
> data available through automated SSAD disclosures is different from making
> it available through RDAP. Is it the cost? The need to be identified?
>
>
> On Tue, Apr 20, 2021 at 10:40 AM Steve Crocker via Gnso-epdp-team <
> gnso-epdp-team at icann.org> wrote:
>
>> Volker,
>>
>> To me, the term "publicly available" means available to anyone without
>> qualification as to the purpose and without any controls on the use. You
>> seem to be using the term differently.
>>
>> The discussion within this working group of what data is to be made
>> available publicly is just one part of the larger discussion regarding who
>> should have access to which data and for which purposes. The idea of SSAD
>> or any other differentiated access system is to implement those yet to be
>> determined rules.
>>
>> What is your understanding of what the rules regarding access to
>> non-public data should be?
>>
>> Thanks,
>>
>> Steve
>>
>>
>> On Tue, Apr 20, 2021 at 3:31 AM Volker Greimann via Gnso-epdp-team <
>> gnso-epdp-team at icann.org> wrote:
>>
>>> Dear Melina,
>>>
>>> thanks for your explanation.
>>>
>>> I contend that the data contained in SSAD is publicly available, just as
>>> the data contained in the German trade register is publicly available, even
>>> though there may be a paywall. Hence publication can mean anything that
>>> provides for public access: A physical book, SSAD or RDAP. Anyone with a
>>> legitimate interest can apply for an SSAD account just like anyone can
>>> apply for an account with the online version of the German trade register.
>>> Data in SSAD is publicly available.
>>>
>>> If NIS 2 comes down on a different interpretation in Germany (although I
>>> do not see why it would if even the public trade register is behind a
>>> paywall), I would welcome that as well, as it provides me with a legal
>>> basis for publication. An obligation based in law to disclose data means
>>> there is no longer any risk attached to such disclosures, if done
>>> correctly. So when that law comes into effect in my jurisdiction, I will
>>> implement it. Before that time, the legal basis is missing and CPs bear the
>>> risk of wrongful disclosure. So lets meet again once the implementation
>>> data of NIS 2 draws near. Basing policy on non-existent law is premature.
>>>
>>> "T*o come back to your other point, (i.e., that you are not convinced
>>> that the availability of non-personal WHOIS data would contribute to the **security,
>>> stability and resilience of the DNS), I trust you are not implying that so
>>> many people from all over the world are intensively working on a problem
>>> which would be non-existent. *
>>>
>>>
>>>
>>> *Currently the vast majority of registration data are not available and
>>> the majority of requests from different organisations to access such data
>>> remain unanswered.*"
>>>
>>> This is an issue that SSAD was designed to solve. But the last three
>>> years have shown that it is less of a problem than people make it out to be.
>>>
>>> "*According to a study published in January 2021 by InterIsle
>>> Consulting Group, at present, (...)*"
>>>
>>> This is a statement of alleged fact, but it does not show why this
>>> necessarily is an issue.
>>>
>>>
>>>
>>> "*Even European government agency and law enforcement requests for
>>> redacted WHOIS data have been denied.* (...)"
>>>
>>>
>>> I would imagine that this would only be the case if they were acting
>>> outside their legal remit, e.g. outside their jurisdiction. As Theoden said
>>> to Gandalf "You have no power here!". All requests with a proper legal
>>> basis, e.g. acting inside their own jurisdiction should be answered, and if
>>> not, compliance be called.
>>>
>>> "*(...) where WHOIS data would have been critical to help combat online
>>> sexual child abuse cases. According to the complainants, the availability
>>> of more WHOIS data in public could help to find perpetrators on the
>>> internet.*"
>>>
>>> And those perpetrators register domain names with existing legal
>>> entities as registrants? Because unless this is the case, the argument is
>>> irrelevant to the question at hand.
>>>
>>>
>>>
>>> "*According to a study published in 2021 by InterIsle Consulting Group,
>>> the data suggests that only around 11.5% of domains may belong to natural
>>> persons who are protected by GDPR. This 11.5% may be the percentage of
>>> domains that is necessary to protect under GDPR. In contrast, registrars
>>> and registry operators have redacted contact data from 57.3% of all
>>> domains, or five times the amount that may be necessary.*"
>>>
>>>
>>> This statistic misses the point we are debating though as it does not in
>>> any way differentiate between legal entities whose data contains personal
>>> information, and those where it does not. If it is necessary to redact 100%
>>> of registration data or to put it inside the SSAD where access is
>>> controlled to protect even 1% of registrants, it is worth doing. Protection
>>> of the innocent always takes precedent.
>>>
>>>
>>>
>>> "*It would be beneficial if you could explain why non-personal data of
>>> legal persons have been redacted and why you object to the effort of having
>>> greater transparency while fully respecting privacy of registrants.*"
>>>
>>> Because blanket redaction of all data is the only way to safely and
>>> securely ensure that the personal data of data subjects is protected. There
>>> is a reason why even government controlled databases such as the car
>>> registration register are redacted. I have not seen a car register where
>>> the registration details of legal entities are published. Having that data
>>> publicly available might be beneficial for any number of causes. And those
>>> are registers that are being kept with a legal basis.
>>>
>>>
>>> "*In light of all the conversations, and B&B advice received, it is
>>> clear that the argument of potential liability risk due to inadvertent
>>> disclosure of personal data does no longer hold value.*"
>>>
>>> I wonder which part of the advice we received allowed you to draw this
>>> conclusion as the advice always pointed out that risk remains.
>>>
>>> Please, come again once the demands you are raising are also implemented
>>> this way for all public registers in the various countries where you wish
>>> to see contracted parties to implement them.
>>> Trade registers, car registers, gun ownership registers, sex offender
>>> registers, land registers, etc. None of them universally have the level of
>>> access you want for mere domain name registrations.
>>>
>>> That said, if someone demonstrates a legitimate interest with regard to
>>> any data, personal or non-personal, they will receive prompt disclosure
>>> from us (after the balancing test). If there is significant danger of harm
>>> to third parties, we will even grant access even though the requestor may
>>> be acting outside their jurisdiction, regardless of whether the registrant
>>> is legal or natural. Because granting such access is our moral obligation
>>> if a case for disclosure is made.
>>>
>>> But please do not ask us to provide access levels that even our own
>>> governments do not provide for much, much, much more critical data.
>>>
>>> Best,
>>>
>>> --
>>> Volker A. Greimann
>>> General Counsel and Policy Manager
>>> *KEY-SYSTEMS GMBH*
>>>
>>> T: +49 6894 9396901
>>> M: +49 6894 9396851
>>> F: +49 6894 9396851
>>> W: www.key-systems.net
>>>
>>> Key-Systems GmbH is a company registered at the local court of
>>> Saarbruecken, Germany with the registration no. HR B 18835
>>> CEO: Oliver Fries and Robert Birkner
>>>
>>> Part of the CentralNic Group PLC (LON: CNIC) a company registered in
>>> England and Wales with company number 8576358.
>>>
>>> This email and any files transmitted are confidential and intended only
>>> for the person(s) directly addressed. If you are not the intended
>>> recipient, any use, copying, transmission, distribution, or other forms of
>>> dissemination is strictly prohibited. If you have received this email in
>>> error, please notify the sender immediately and permanently delete this
>>> email with any files that may be attached.
>>>
>>>
>>> On Tue, Apr 20, 2021 at 11:47 AM STROUNGI Melina <
>>> Melina.STROUNGI at ec.europa.eu> wrote:
>>>
>>>> Dear Volker,
>>>>
>>>>
>>>>
>>>> Thank you for your comments.
>>>>
>>>>
>>>>
>>>> Let me come back to your previous email of 15 April (attached) and your
>>>> email below, in order to hopefully address some of your concerns.
>>>>
>>>>
>>>>
>>>> Regarding your argument that ‘the interpretation of the book is only
>>>> valid if the text actually supports that interpretation’, this is
>>>> precisely the case with NIS 2 text. The legislator’s intention behind
>>>> ‘publication’ is explained in recital 62 of NIS 2 Proposal
>>>> <https://digital-strategy.ec.europa.eu/en/library/proposal-directive-measures-high-common-level-cybersecurity-across-union>,
>>>> which explicitly clarifies that “*TLD registries and the entities
>>>> providing domain name registration services for them should make publically
>>>> available domain name registration data that fall outside the scope of
>>>> Union data protection rules, such as data that concern legal persons*.”
>>>>
>>>>
>>>>
>>>>
>>>> Given the above context, the word ‘publication’ is doubtful to have
>>>> any other interpretation than the obvious one: ‘publication’ means ‘*making
>>>> publically available’*. Publically = to the public.
>>>>
>>>> I understand your wish to do otherwise, but just to bear in mind that
>>>> such wish is not enough to override the actual wording of the text.
>>>>
>>>>
>>>>
>>>> We are doing our best to address everyone’s individual concerns
>>>> (including yours and lots of your comments and suggestions have already
>>>> been taken into account), but at the same time we need to ensure that
>>>> contracted parties who wish to differentiate between legal and natural
>>>> entities and wish to align their practices with the NIS2 proposal are able
>>>> to do so. We hope that, even if you do not completely find the provisions
>>>> to your liking, you are willing to facilitate this group’s hard efforts to
>>>> make some progress before the May deadline.
>>>>
>>>>
>>>>
>>>> To come back to your other point, (i.e., that you are not convinced
>>>> that the availability of non-personal WHOIS data would contribute to the security,
>>>> stability and resilience of the DNS), I trust you are not implying that so
>>>> many people from all over the world are intensively working on a problem
>>>> which would be non-existent.
>>>>
>>>>
>>>>
>>>> This is what the current situation looks like:
>>>>
>>>>
>>>>
>>>> Currently the vast majority of registration data are not available and
>>>> the majority of requests from different organisations to access such data
>>>> remain unanswered.
>>>>
>>>>
>>>>
>>>> According to a study published in January 2021 by InterIsle Consulting
>>>> Group, at present, only 13.5% of domains have an actual registrant
>>>> identified in WHOIS. Registrars and registry operators have used ICANN’s
>>>> post-GDPR policy to redact contact data from 57.3% of all domains. Adding
>>>> proxy-protected domains, this means that 86.5% of registrants cannot be
>>>> identified via WHOIS. According to statistics from Appdetex, during the
>>>> period January 1, 2020, through September 1, 2020, only 24.6% of 2,933
>>>> requests submitted to 158 ICANN-accredited registrars resulted in responses
>>>> that included registrant data. These statistics are also consistent with
>>>> the estimate of the PSWG within ICANN that roughly 70% of requests are
>>>> being denied or ignored.
>>>>
>>>>
>>>>
>>>> Even European government agency and law enforcement requests for
>>>> redacted WHOIS data have been denied. As described in a May 2020 letter
>>>> from the ICANN President to the European Data Protection Board, requests
>>>> that have been made by European Data Protection Authorities for access to
>>>> redacted, nonpublic WHOIS data to assist in their investigations of
>>>> potential privacy violations have been denied by domain name registrars and
>>>> registries.
>>>>
>>>>
>>>>
>>>> I will not list all complaints and problems reported, but just as an
>>>> illustration, complaints from law enforcement authorities have been brought
>>>> to our attention, where WHOIS data would have been critical to help combat
>>>> online sexual child abuse cases. According to the complainants, the
>>>> availability of more WHOIS data in public could help to find perpetrators
>>>> on the internet.
>>>>
>>>>
>>>>
>>>> The publication of domain name registration data concerning legal
>>>> entities is expected to substantially increase the wealth of information
>>>> available to the public.
>>>>
>>>>
>>>>
>>>> According to a study published in 2021 by InterIsle Consulting Group,
>>>> the data suggests that only around 11.5% of domains may belong to natural
>>>> persons who are protected by GDPR. This 11.5% may be the percentage of
>>>> domains that is necessary to protect under GDPR. In contrast, registrars
>>>> and registry operators have redacted contact data from 57.3% of all
>>>> domains, or five times the amount that may be necessary.
>>>>
>>>>
>>>>
>>>> I trust that the above give a flavour of the actual situation and
>>>> problems.
>>>>
>>>>
>>>>
>>>> It would be beneficial if you could explain why non-personal data of
>>>> legal persons have been redacted and why you object to the effort of having
>>>> greater transparency while fully respecting privacy of registrants.
>>>>
>>>> In light of all the conversations, and B&B advice received, it is clear
>>>> that the argument of potential liability risk due to inadvertent disclosure
>>>> of personal data does no longer hold value. If you want to diminish this
>>>> risk, it is clear that you first have to distinguish between natural and
>>>> legal entities and then further ensure that legal entities do not provide
>>>> any personal data (or, if they do provide personal data, that they consent
>>>> to publishing of such personal data). Then in case of a mistake it will be
>>>> up to the registrant; not the contracted parties. So in our view the
>>>> liability argument cannot be used as a justification for not taking action
>>>> – especially given the many problems that such inaction causes and will
>>>> continue to cause.
>>>>
>>>>
>>>>
>>>> Best regards,
>>>>
>>>> Melina
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> *From:* Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> *On Behalf
>>>> Of *Volker Greimann via Gnso-epdp-team
>>>> *Sent:* Sunday, April 18, 2021 3:04 AM
>>>> *To:* Stephanie E Perrin <stephanie.perrin at mail.utoronto.ca>
>>>> *Cc:* GNSO EPDP <gnso-epdp-team at icann.org>
>>>> *Subject:* Re: [Gnso-epdp-team] On the proposed guidance
>>>>
>>>>
>>>>
>>>> I think you both make good points. Our starting point is the current
>>>> status quo, which I expect will continue on into the far future: All
>>>> registration data provided as a registrant must be viewed as potential
>>>> personal information, in a Schroedingers Cat kind-of situation. Until you
>>>> look at it, you do not know what it is, even though you can make certain
>>>> assumptions with varying likelihoods. The 2B memo tells us nothing new in
>>>> that regard.
>>>>
>>>>
>>>>
>>>> What it does tell us is that the various methods of determination
>>>> without looking have risk of various degrees attached.
>>>>
>>>>
>>>>
>>>> Miltons proposed registrant-declaration is one of the lower risk ones
>>>> methods. Stephanie is also right that in a highly competitive market with
>>>> razor-thin margins, corners will be cut at some point of the channel,
>>>> especially once you enter the realm of resellers. So Stephanie is
>>>> absolutely correct in her point that the determination of whether
>>>> contracted parties can rely on the accuracy of any declaration must be that
>>>> of the contracted party itself. The declaration of legal status of the
>>>> registrant ultimately does not help us make that determination. The
>>>> declaration of content of the data goes a whole lot further in that
>>>> regard. Controlling the process where the declaration is made helps even
>>>> more (hence the requirement to allow post-registration declarations).
>>>>
>>>>
>>>>
>>>> As for publication vs. disclosure, after having given this some
>>>> thought, I still tend to come out on the side of disclosure, but with the
>>>> following features:
>>>>
>>>> - self-declared data sets would be set to automated disclosure.
>>>>
>>>> - public RDAP could contain a marker/flag/label/something that shows
>>>> that this data set is available for automated disclosure in SSAD
>>>>
>>>> - Disclosure fees for such data sets in SSAD could be priced lower than
>>>> non-automated data sets, say half-price
>>>>
>>>> - Access levels for access to such data sets could be lower for users
>>>> of SSAD. For example, if you just want to access automated-disclosure sets,
>>>> accreditation could be voluntary, and a mere ID-check application process
>>>> and a statement of legitimate interest for each request could be possible.
>>>>
>>>>
>>>>
>>>> Advantages:
>>>>
>>>> - Increased utility of SSAD
>>>>
>>>> - SSAD User Fees would decrease (higher query volumes overall, lower
>>>> fees for some queries)
>>>>
>>>> - CP Risk would be limited
>>>>
>>>> - CP handling times for requests would be reduced in case they
>>>> implement that flag.
>>>>
>>>>
>>>>
>>>> I still need to hear what the benefits of the differentiation of data
>>>> sets and better availability of non-personal information really are,
>>>> though. In my experience it is not like cyber criminals are setting up
>>>> legal entities such as STEALATRADEMARK, Inc or VIOLATEACOPYRIGHT, Ltd. left
>>>> and right to register their domain names. Those kinds of domains are
>>>> usually registered with perfectly accurate personal data sets. If someone
>>>> could really make the case of what the perceived benefit to all parties
>>>> concerned is on this (something I have been asking for from days 1), I'd be
>>>> happy to hear them. The common argument of security, stability and
>>>> resilience of the DNS went out of the window the day the Temp Spec first
>>>> came into effect after all, as neither of the three has been affected by
>>>> the current vegetative state of the WHOIS (In the sense that it is not
>>>> quite dead yet, but almost. Machines still keep it alive).
>>>>
>>>>
>>>>
>>>> This also would solve the issue of thick vs thin RDAP:
>>>>
>>>> If RDAP only returns the basic data set anyway and never any personal
>>>> information, there is no longer any need to require registrars to provide
>>>> RDAP services as there no longer is any concern in supplying said data to
>>>> the registries for centralised publication. Thick RDAP would be saved.
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> --
>>>> Volker A. Greimann
>>>> General Counsel and Policy Manager
>>>> *KEY-SYSTEMS GMBH*
>>>>
>>>> T: +49 6894 9396901
>>>> M: +49 6894 9396851
>>>> F: +49 6894 9396851
>>>> W: www.key-systems.net
>>>> <https://urldefense.com/v3/__http:/www.key-systems.net/__;!!DOxrgLBm!XSywrkEovOjOF-WmOAPUMVqsao1Zv9b2rUkkdL1O1jXYaDTpt6eZXsc9LSp2ncroxhKRwDSK$>
>>>>
>>>> Key-Systems GmbH is a company registered at the local court of
>>>> Saarbruecken, Germany with the registration no. HR B 18835
>>>> CEO: Oliver Fries and Robert Birkner
>>>>
>>>> Part of the CentralNic Group PLC (LON: CNIC) a company registered in
>>>> England and Wales with company number 8576358.
>>>>
>>>> This email and any files transmitted are confidential and intended only
>>>> for the person(s) directly addressed. If you are not the intended
>>>> recipient, any use, copying, transmission, distribution, or other forms of
>>>> dissemination is strictly prohibited. If you have received this email in
>>>> error, please notify the sender immediately and permanently delete this
>>>> email with any files that may be attached.
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> On Sat, Apr 17, 2021 at 12:19 AM Stephanie E Perrin via Gnso-epdp-team <
>>>> gnso-epdp-team at icann.org> wrote:
>>>>
>>>> Bird and Bird is offering arguments for protection in the event of
>>>> complaint. While that protection is welcome and reassuring in terms of
>>>> risk, I am not certain that we have adequately explained to 2Birds how
>>>> registration actually takes place. It would have been beneficial to walk
>>>> them through a range of different ways to register a domain name. As we
>>>> have discussed in the calls, very often non-savvy non-commercial users or
>>>> small business/home workers use resellers of various kinds to register
>>>> their domains. Additional risk creeps in here, WRT whether or not a
>>>> positive consent has been obtained from relevant employees. Further risk
>>>> creeps in when we look at automatic renewals, where the contact data may
>>>> not be updated. If updated, have the steps been taken to get consent from
>>>> new employees? To me this is key, non-savvy users, and I count myself
>>>> among them, are not likely to check what an intermediary is doing with
>>>> respect to the domain renewal or updating.
>>>>
>>>> Now, of course the argument is that they SHOULD be more diligent and
>>>> they SHOULD pay attention to the accuracy requirements, but lets deal in
>>>> facts here.....are they? As the data controller who is pre-emptively
>>>> disclosing personal data, allegedly with consent, to unknown (to the
>>>> contracted party) third parties, the responsibility still rests with the
>>>> controller. As I have mentioned, a Facebook or a Google or a Microsoft can
>>>> get away with treading roughshod over their consent arrangements....not too
>>>> many folks are going to give up free or necessary services over quibbles in
>>>> a consent form, even if it is 75 pages long. However the registrars (and
>>>> to a lesser extent, the registries) are operating in a highly competitive
>>>> market. Once losing my trust, perhaps over a trifling inattention to the
>>>> accuracy of my data, and I am transferring my domains to another company.
>>>> Policing a complex reseller market is also rather a difficult matter that
>>>> we have not discussed at length in our debates on this issue. I know that
>>>> the data commissioners as a group do not understand how the accountability
>>>> for the handling of personal information is transferred in that market, and
>>>> it would not be surprising if 2Birds did not either. Bottom line:
>>>> accredited registrars are shouldering the risk here, it is their risk, and
>>>> they would know best whether they can trust the accuracy of the designation
>>>> of legal personhood. This is why I think that this designation, in my
>>>> opinion, should always permit an override by the contracted parties to
>>>> treat the data as personal. I have suggested many many times that
>>>> commercial organizations should operate on an accreditation basis and be
>>>> linked to their official registration numbers (business, corporation,
>>>> municipal licence etc). Noone ever responds to that idea....if it is
>>>> totally ridiculous I would certainly like to know why, I am offering it in
>>>> good faith and I think it would do something useful to stop fraudulent
>>>> registrations in their names. However, small business and non-commercial
>>>> organizations, even if incorporated or in possession of a registration # of
>>>> some kind have different needs and circumstances, and they are frequently
>>>> treated differently under data protection law.
>>>>
>>>> One final point that I have raised a few times.....we tend to focus on
>>>> enforcement fines and Court costs. Even if noone ever complains to a DPA
>>>> or takes a case to Court, where the advice of 2 Birds gives us some comfort
>>>> that the risk is manageable, and the results would exonerate the contracted
>>>> parties.....what about reputational damage in the meantime? Court costs?
>>>> Who actually wants to have customers complaining about the practices?
>>>> Employee morale, if it is employees who are objecting to the practices?
>>>>
>>>> I support focusing on whether the data submitted is personal or not,
>>>> with a fulsome definition and description of same, and full flexibility for
>>>> contracted parties to err on the side of caution and consider the
>>>> possibility of some data being personal after all. After all, much data
>>>> is still being disclosed, and noone has adduced strong evidence that the
>>>> delay in requesting the data (as opposed to getting it from the published
>>>> data) will have huge repercussions. What is actually at play here is who
>>>> is doing the extra work....the requesting party, or the data controller.
>>>>
>>>> Stephanie Perrin
>>>>
>>>>
>>>>
>>>> On 2021-04-15 10:42 p.m., Mueller, Milton L via Gnso-epdp-team wrote:
>>>>
>>>> *EXTERNAL EMAIL:*
>>>>
>>>> Further legal support from TwoBirds
>>>>
>>>>
>>>>
>>>> 14.2 If personal data is erroneously included in published
>>>> Registration Data, it would in this scenario occur despite substantial
>>>> (VSC) steps taken by the Contracted Parties, and would be primarily
>>>> attributable to the actions/omissions of the Registrant. This is likely to
>>>> be taken into account by data subjects, data protection supervisory
>>>> authorities, and courts.
>>>>
>>>> 14.3 The data in question is likely to be low sensitivity.
>>>> The scenario being envisaged here (mistaken inclusion of personal data in
>>>> published Registration Data) seems to be most likely to occur when a legal
>>>> entity (e.g. a company or non-profit organisation) is registering /
>>>> maintaining its own domains. In those scenarios, we assume the personal
>>>> data that could be disclosed would ordinarily relate to an employee’s work
>>>> details (e.g. a company email address), not an individual’s private life.
>>>> Although the GDPR confers protection even in the workplace, the data in
>>>> question here may arguably be less capable of causing harm to an individual
>>>> than data relating to the data subject’s private life.[1]
>>>> <#m_-5611700270444694520_m_2928171497802302509_m_4115156499825390581_m_8997009847875421100_m_5832361527529862212_m_2854865445665285661__ftn1>
>>>>
>>>>
>>>> 14.4 In more sensitive cases (e.g. disclosing that a person
>>>> works for a company in a sensitive or “embarrassing” sector), a Registrant
>>>> would be putting itself at serious risk of complaints from its own
>>>> employees. Registrants are therefore already incentivised to avoid errors
>>>> that could have serious consequences for their own staff.
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> *From:* Mueller, Milton L
>>>> *Sent:* Thursday, April 15, 2021 10:34 PM
>>>> *To:* gnso-epdp-team at icann.org
>>>> *Subject:* RE: [Gnso-epdp-team] On the proposed guidance
>>>>
>>>>
>>>>
>>>> Some legal support for my argument below from Bird & Bird:
>>>>
>>>>
>>>>
>>>> There may even be an argument, based on EU Court of Justice (“CJEU”)
>>>> caselaw, that this is a situation where Contracted Parties should generally
>>>> only be liable should they fail to properly address a complaint about the
>>>> data – i.e. only once they are put on notice about the alleged illegality
>>>> and thereby have an opportunity to “verify” the merits of the complaint.
>>>> [1]
>>>> <#m_-5611700270444694520_m_2928171497802302509_m_4115156499825390581_m_8997009847875421100_m_5832361527529862212_m_2854865445665285661__ftn2>
>>>> This bears some parallels to other EU liability regimes for operators of
>>>> services online that process – unwittingly – content that violates EU law.
>>>> [2]
>>>> <#m_-5611700270444694520_m_2928171497802302509_m_4115156499825390581_m_8997009847875421100_m_5832361527529862212_m_2854865445665285661__ftn3>
>>>> As discussed at footnote 6 below, this is arguably recognised in (at least
>>>> some) decisions of GDPR supervisory authorities.
>>>>
>>>>
>>>>
>>>> In other words, if personal data finds its way into a published
>>>> registration record that should not be there, an objection can be lodged
>>>> with the registrar and they can verify the merits and remove the data.
>>>>
>>>>
>>>>
>>>> Dr. Milton L Mueller
>>>>
>>>> Georgia Institute of Technology
>>>>
>>>> School of Public Policy
>>>>
>>>> Internet Governance Project
>>>> <https://urldefense.com/v3/__https:/internetgovernance.org/__;!!DOxrgLBm!XSywrkEovOjOF-WmOAPUMVqsao1Zv9b2rUkkdL1O1jXYaDTpt6eZXsc9LSp2ncroxoPMR176$>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> *From:* Mueller, Milton L
>>>> *Sent:* Thursday, April 15, 2021 9:14 PM
>>>> *To:* gnso-epdp-team at icann.org
>>>> *Subject:* FW: [Gnso-epdp-team] On the proposed guidance
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> >" Everyone who is named in a role in a registration must have already
>>>> been informed
>>>>
>>>> > and consented to all of the conditions involved in the role. " This
>>>> is the ideal. Sadly, this ideal
>>>>
>>>> > is very often not the case.
>>>>
>>>>
>>>>
>>>> Whoa.
>>>>
>>>>
>>>>
>>>> Of course, Volker, it is possible that a person making a registration
>>>> for a legal person won’t do it properly. But it is absurd to expect a
>>>> registrar to be legally responsible for that. How can the registrar be
>>>> liable for privacy breaches made by the registrant? Indeed, I can’t
>>>> understand why gaining the consent of the administrative assistant of the
>>>> xyz department to have their name listed in the whois is a matter for
>>>> DNS/ICANN policy at all. ICANN policy simply needs to inform registrants
>>>> that under certain conditions the data will be published.
>>>>
>>>>
>>>>
>>>> Let’s take an extreme case – suppose a nasty IT manager in a major
>>>> corporation puts the name, email address and (what the heck) a revenge porn
>>>> photo of her ex-husband in her company’s registration record. Are you
>>>> telling me the registrar would be considered responsible for that breach of
>>>> privacy? Not the nasty IT manager?
>>>>
>>>>
>>>>
>>>> Show me a legal case in which that kind of liability has been assigned.
>>>> I doubt you can, but I await the data from CP lawyers who have been
>>>> involved in these cases. I do know of several cases in which agents for a
>>>> corporation wrongly listed themselves as the technical and administrative
>>>> contact, making it possible for them to hijack the name. The registrar was
>>>> NEVER held liable for that.
>>>>
>>>>
>>>>
>>>> Reminder: We had to reform Whois/RDS policy because ICANN, *as a
>>>> matter of contractual obligation, required registrars to publish sensitive
>>>> PII of any and every Registrant*. Once we have removed that
>>>> obligation, and once we have given registrants knowledge of the conditions
>>>> under which the data in the record should be published, I don’t see why
>>>> registrars need to worry about some corporation listing the personal email
>>>> address of someone in their IT department.
>>>>
>>>>
>>>>
>>>> So if this alleged risk is being cited to scare us away from allowing
>>>> registrants to self-designate as legal or natural, it is a pretty weak
>>>> case, imho.
>>>>
>>>>
>>>>
>>>> --MM
>>>>
>>>>
>>>>
>>>> *From:* Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> *On Behalf
>>>> Of *Volker Greimann via Gnso-epdp-team
>>>> *Sent:* Thursday, April 15, 2021 10:10 AM
>>>> *To:* Steve Crocker <steve at shinkuro.com>
>>>> *Cc:* gnso-epdp-team at icann.org
>>>> *Subject:* Re: [Gnso-epdp-team] On the proposed guidance
>>>>
>>>>
>>>>
>>>> Employees are named by other employees without their knowledge, or
>>>> remain named long after they leave. From the experience as a registrar
>>>> dealing with registrants every day, this ideal is an assumption that does
>>>> not survive contact with reality.
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> --
>>>> Volker A. Greimann
>>>> General Counsel and Policy Manager
>>>> *KEY-SYSTEMS GMBH*
>>>>
>>>> T: +49 6894 9396901
>>>> M: +49 6894 9396851
>>>> F: +49 6894 9396851
>>>> W: www.key-systems.net
>>>> <https://urldefense.com/v3/__http:/www.key-systems.net/__;!!DOxrgLBm!XSywrkEovOjOF-WmOAPUMVqsao1Zv9b2rUkkdL1O1jXYaDTpt6eZXsc9LSp2ncroxhKRwDSK$>
>>>>
>>>> Key-Systems GmbH is a company registered at the local court of
>>>> Saarbruecken, Germany with the registration no. HR B 18835
>>>> CEO: Oliver Fries and Robert Birkner
>>>>
>>>> Part of the CentralNic Group PLC (LON: CNIC) a company registered in
>>>> England and Wales with company number 8576358.
>>>>
>>>> This email and any files transmitted are confidential and intended only
>>>> for the person(s) directly addressed. If you are not the intended
>>>> recipient, any use, copying, transmission, distribution, or other forms of
>>>> dissemination is strictly prohibited. If you have received this email in
>>>> error, please notify the sender immediately and permanently delete this
>>>> email with any files that may be attached.
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> On Thu, Apr 15, 2021 at 3:36 PM Steve Crocker via Gnso-epdp-team <
>>>> gnso-epdp-team at icann.org> wrote:
>>>>
>>>> Laureen,
>>>>
>>>>
>>>>
>>>> Thanks for your note. With respect to the details under legal person,
>>>> we believe the issue of consent should be moot. Everyone who is named in a
>>>> role in a registration must have already been informed and consented to all
>>>> of the conditions involved in the role. This is a prerequisite for having
>>>> a working system and is not specific to meeting a privacy regulation. The
>>>> fact that this requirement is not specified in the existing contractual
>>>> documentation is an error and needs to be rectified.
>>>>
>>>>
>>>>
>>>> Steve
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> On Thu, Apr 15, 2021 at 6:28 AM Kapin, Laureen via Gnso-epdp-team <
>>>> gnso-epdp-team at icann.org> wrote:
>>>>
>>>> I think we share common ground on many key issues and I would like to
>>>> build on the many helpful inputs received as to what would be advisable.
>>>>
>>>>
>>>>
>>>> *Goal*: publish non-personal, non-protected data to the greatest
>>>> extent permissible under the GDPR and within low legal risks to data
>>>> controllers and processors. Note, the description below does *not *fully
>>>> detail the advised safeguards which B&B has documented and which we’ve
>>>> adopted in our prior input because my impression is that we generally agree
>>>> that the safeguards are prudent. This description merely seeks to identify
>>>> the key steps that must be taken to ensure that personal data is identified
>>>> and protected and non-personal data is published. I also highlight the
>>>> addition of a potential additional safeguard – Confirmation. I think this
>>>> process incorporates what we’ve discussed and inputs received and could
>>>> form a useful framework for discussion.
>>>>
>>>>
>>>>
>>>> *Note:*
>>>>
>>>>
>>>>
>>>> n *New Registrations: *This process applies to new registrations
>>>> (Steve C. has some useful thoughts on how to deal with existing
>>>> Registrations)
>>>>
>>>> n *Publish: *When I use the word “publish,” I mean made public
>>>> directly; not via the SSAD.
>>>>
>>>> n *Flexibility: *Based on input from our Registrar colleagues, we
>>>> should permit flexibility for how these steps are implemented to account
>>>> for the varied business models in place.
>>>>
>>>> n *Timing: *All identifications need to take place at the time of
>>>> registration or shortly thereafter (w/in the 13-day accuracy verification
>>>> window) and no registration data should be published until the
>>>> identification, consent, and confirmation process concludes
>>>>
>>>>
>>>>
>>>> *Process:*
>>>>
>>>> 1. A threshold identification of the registrant as a natural or
>>>> legal person;
>>>>
>>>> a. If natural, registration info redacted
>>>>
>>>>
>>>>
>>>> b. If legal, further inquiries and advisories (safeguards):
>>>>
>>>> i. if the legal person
>>>> identifies that it has a protected status under the GDPR
>>>>
>>>> 1. registration info redacted
>>>>
>>>>
>>>>
>>>> ii. If the legal person
>>>> registration contains personal data, advise of consequences (publication)
>>>>
>>>> 1. Obtain necessary consents
>>>>
>>>> 2. *Possible additional safeguard*: *Ask Registrant to Confirm any
>>>> identification that will result in publication of contact data *(akin
>>>> to confirming a flight reservation or stock trade)
>>>>
>>>> a. Publish
>>>>
>>>> 3. If no consent
>>>>
>>>> a. Redact
>>>>
>>>>
>>>>
>>>> 2. Provide quick and easy opportunity to correct any mistakes
>>>>
>>>>
>>>>
>>>> I hope this is useful.
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> Kind regards,
>>>>
>>>>
>>>>
>>>> Laureen Kapin
>>>>
>>>> Counsel for International Consumer Protection
>>>>
>>>> Federal Trade Commission
>>>>
>>>> (202) 326-3237
>>>>
>>>>
>>>>
>>>> *From:* Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> *On Behalf
>>>> Of *Volker Greimann via Gnso-epdp-team
>>>> *Sent:* Thursday, April 15, 2021 8:35 AM
>>>> *To:* Hadia Abdelsalam Mokhtar EL miniawi <Hadia at tra.gov.eg>
>>>> *Cc:* gnso-epdp-team at icann.org
>>>> *Subject:* Re: [Gnso-epdp-team] On the proposed guidance
>>>>
>>>>
>>>>
>>>> I think we need to be cognisant of the current status quo and use that
>>>> as the basis for our thoughts on the matter:
>>>>
>>>>
>>>>
>>>> 1) There is no differentiation between legal or natural contacts.
>>>>
>>>> 2) The redaction of all contacts is permitted and has become the
>>>> de-facto standard.
>>>>
>>>> 3) We allow consent-based disclosure.
>>>>
>>>> 4) NIS 2 may at some point in the future require publication of
>>>> non-personal information.
>>>>
>>>>
>>>>
>>>> This leads to two very simple follow-on questions:
>>>>
>>>> a) How do we identify such non-personal information? What is really
>>>> necessary for this end?
>>>>
>>>> b) What would publication entail?
>>>>
>>>>
>>>>
>>>> For a) we and Twobirds identified voluntary self-declaration of the
>>>> data submitted. As all data is redacted by default, the differentiation of
>>>> the data subject category is irrelevant as it ultimately only boils down to
>>>> the declaration of the data subject thatthe data contains no personal
>>>> information.
>>>>
>>>>
>>>>
>>>> For b), the term "publish" is undefined. For all we know, it could mean
>>>> publication in a physical print edition (it doesn't mean that though). But
>>>> publication within SSAD can very well be sufficient for that definition.
>>>> There is no reason whatsoever to assume differently.
>>>>
>>>>
>>>>
>>>> --
>>>> Volker A. Greimann
>>>> General Counsel and Policy Manager
>>>> *KEY-SYSTEMS GMBH*
>>>>
>>>> T: +49 6894 9396901
>>>> M: +49 6894 9396851
>>>> F: +49 6894 9396851
>>>> W: www.key-systems.net
>>>> <https://urldefense.com/v3/__http:/www.key-systems.net/__;!!DOxrgLBm!XSywrkEovOjOF-WmOAPUMVqsao1Zv9b2rUkkdL1O1jXYaDTpt6eZXsc9LSp2ncroxhKRwDSK$>
>>>>
>>>> Key-Systems GmbH is a company registered at the local court of
>>>> Saarbruecken, Germany with the registration no. HR B 18835
>>>> CEO: Oliver Fries and Robert Birkner
>>>>
>>>> Part of the CentralNic Group PLC (LON: CNIC) a company registered in
>>>> England and Wales with company number 8576358.
>>>>
>>>> This email and any files transmitted are confidential and intended only
>>>> for the person(s) directly addressed. If you are not the intended
>>>> recipient, any use, copying, transmission, distribution, or other forms of
>>>> dissemination is strictly prohibited. If you have received this email in
>>>> error, please notify the sender immediately and permanently delete this
>>>> email with any files that may be attached.
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> <https://urldefense.com/v3/__https:/www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=webmail__;!!DOxrgLBm!XSywrkEovOjOF-WmOAPUMVqsao1Zv9b2rUkkdL1O1jXYaDTpt6eZXsc9LSp2ncroxiSlynfH$>
>>>>
>>>> Virus-free. www.avast.com
>>>> <https://urldefense.com/v3/__https:/www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=webmail__;!!DOxrgLBm!XSywrkEovOjOF-WmOAPUMVqsao1Zv9b2rUkkdL1O1jXYaDTpt6eZXsc9LSp2ncroxiSlynfH$>
>>>>
>>>>
>>>>
>>>> On Thu, Apr 15, 2021 at 1:52 PM Hadia Abdelsalam Mokhtar EL miniawi via
>>>> Gnso-epdp-team <gnso-epdp-team at icann.org> wrote:
>>>>
>>>> Dear Milton,
>>>>
>>>>
>>>>
>>>> Thank you for your constructive thoughts. I believe we have a lot to
>>>> build on. In relation to principle one, I think we all agree that some
>>>> legal data subjects would want to publish their data in the RDDS, but
>>>> without your first principle they can only do this through consent. The
>>>> legal memo received lately from Bird & Bird explains that if CPs publish
>>>> the data of legal persons based on consent they are at a higher risk than
>>>> if they publish the data of legal persons based on self-designation. In the
>>>> latter case CPs might only be liable if they fail to address a complaint.
>>>> So the question always was: what is the benefit of labeling the data as
>>>> belonging to a natural or legal person? Of course we all know that GDPR
>>>> protects the data of natural persons and not legal persons, but the
>>>> important answer now is that the distinction significantly reduces the
>>>> liability of CPs. In addition, the distinction is helpful in performing the
>>>> balancing test in case the data is not published and I am sure if we look
>>>> into individual use cases we can find much more benefits. Moreover, it
>>>> could prove to be useful regarding possible upcoming regulations. I would
>>>> also add that the level of protection assigned to the data elements
>>>> suggested by Steve provides additional safe guards and flexibility in the
>>>> implementation.
>>>>
>>>>
>>>>
>>>> Finally, I join you in being optimistic about our ability to finish
>>>> this.
>>>>
>>>>
>>>>
>>>> Kind regards
>>>>
>>>> Hadia
>>>>
>>>>
>>>>
>>>> *From:* Gnso-epdp-team [mailto:gnso-epdp-team-bounces at icann.org] *On
>>>> Behalf Of *Mueller, Milton L via Gnso-epdp-team
>>>> *Sent:* Wednesday, April 14, 2021 10:12 PM
>>>> *To:* gnso-epdp-team at icann.org
>>>> *Subject:* Re: [Gnso-epdp-team] On the proposed guidance
>>>>
>>>>
>>>>
>>>> Colleagues:
>>>>
>>>> I have only gotten time to review the latest Guidance document and the
>>>> surrounding debate today. Apologies, but there is a lot going on in my day
>>>> job.
>>>>
>>>>
>>>>
>>>> I am disappointed to see that we seem to be going backwards. I see
>>>> divergence rather than convergence on the way we are approaching the
>>>> problem.
>>>>
>>>>
>>>>
>>>> I see no point in adding more noise to the current document via the
>>>> Comments function. What I would like to try to do is articulate some broad
>>>> principles about how to deal with the legal/natural distinction. If we can
>>>> agree on those principles, it will be relatively easy to complete the
>>>> document. If we cannot/do not agree on those principles, additional
>>>> wordsmithing and debates over terms will not get us anywhere.
>>>>
>>>>
>>>>
>>>> So here are the broad principles that I would offer up for debate:
>>>>
>>>>
>>>>
>>>> 1. The legal/natural distinction is relevant and we need to find
>>>> a way make it in RDDS without compromising privacy rights.
>>>>
>>>> 2. Registrants should be able to self-designate as legal or
>>>> natural, with no burden of authentication placed on registrars or registries
>>>>
>>>> 3. To protect small home offices or NGOs who are technically
>>>> Legal persons but whose registration data may include Personal data, we
>>>> need an additional check in the process.
>>>>
>>>> 4. As long as they conform with the above 3 principles,
>>>> registrars/ries (CPs) should be given maximum flexibility to choose the way
>>>> to differentiate.
>>>>
>>>>
>>>>
>>>> Principle 1 discussion:
>>>>
>>>> If we cannot agree on this (or agree to abandon this principle), _*nothing
>>>> else will fall into place*_. Ever. So let’s settle that. Steve and
>>>> Volker I suspect will disagree with this principle. Steve has argued that
>>>> the L/N distinction is “not a central concern” and all that matters is
>>>> whether the registrant’s data is to be made available to anyone. If he is
>>>> right, we can discard the guidance altogether, because we already have a
>>>> recommendation to allow the RNH to consent to the publication of their
>>>> data. Volker has also suggested that it is personal data we need to
>>>> differentiate, not L/N . I disagree with Steve and Volker on this and so do
>>>> most of the rest of the group. L/N distinction is a central concern to
>>>> certain stakeholder groups in the EPDP, because a) GDPR and other data
>>>> protection laws do not protect it and this process is all about bringing
>>>> RDS into compliance with privacy law; b) Legal person data could be
>>>> published and it would provide easier access to their registration data. As
>>>> a NCSG member I can find no basis for objecting to the publication of
>>>> WalMart’s, Kroger’s or the local hardware store’s registration data. Any
>>>> concerns about PII are addressed by principles 2 and 3. Steve is
>>>> approaching this as an engineer, but this is a policy process, and we will
>>>> not obtain agreement on a solution unless certain stakeholders are
>>>> satisfied. If they think it is a central concern, it’s a central concern,
>>>> that’s how policy/politics work.
>>>>
>>>>
>>>>
>>>> Principle 2 discussion
>>>>
>>>> This is the key principle that keeps NCSG and CPH satisfied.
>>>> Registrants are in control of how they are designated. Yes, this means that
>>>> some people will lie. That is just something we will have to accept. One
>>>> cannot erase that possibility without creating a system that is too
>>>> burdensome and costly as to outweigh any benefits.
>>>>
>>>>
>>>>
>>>> Principle 3 discussion
>>>>
>>>> This is something everyone seems to agree on already. But it is good to
>>>> make it explicit, then we can work out how specific our guidance can get,
>>>> so as to conform to …
>>>>
>>>>
>>>>
>>>> Principle 4
>>>>
>>>> Avoid being overly prescriptive, but ensure that the other 3 principles
>>>> are honored. So yes, Volker, we give you maximum flexibility to implement
>>>> in accordance with different business models, but you can NOT make a
>>>> designation for a RNH, because it violates principle 2.
>>>>
>>>>
>>>>
>>>> I truly believe that if we can come to agreement on these 4 principles
>>>> and use them as the basis for drafting guidance, we can actually finish
>>>> this.
>>>>
>>>>
>>>>
>>>> _______________________________________________
>>>> Gnso-epdp-team mailing list
>>>> Gnso-epdp-team at icann.org
>>>> https://mm.icann.org/mailman/listinfo/gnso-epdp-team
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>>>> _______________________________________________
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>>>> You can visit the Mailman link above to change your membership status or
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>>>>
>>>>
>>>>
>>>> _______________________________________________
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>>>> _______________________________________________
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>>>> configuration, including unsubscribing, setting digest-style delivery or
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>>>>
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>>>> personal data for purposes of subscribing to this mailing list accordance
>>>> with the ICANN Privacy Policy (https://www.icann.org/privacy/policy
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>>>> and the website Terms of Service (https://www.icann.org/privacy/tos
>>>> <https://urldefense.com/v3/__https:/www.icann.org/privacy/tos__;!!DOxrgLBm!XSywrkEovOjOF-WmOAPUMVqsao1Zv9b2rUkkdL1O1jXYaDTpt6eZXsc9LSp2ncroxn6b_CGX$>).
>>>> You can visit the Mailman link above to change your membership status or
>>>> configuration, including unsubscribing, setting digest-style delivery or
>>>> disabling delivery altogether (e.g., for a vacation), and so on.
>>>>
>>>>
>>>> ------------------------------
>>>>
>>>>
>>>> ------------------------------
>>>>
>>>> [1]
>>>> <#m_-5611700270444694520_m_2928171497802302509_m_4115156499825390581_m_8997009847875421100_m_5832361527529862212_m_2854865445665285661__ftnref1>
>>>> As explained above, we have understood this question to be asking about
>>>> scenarios where Registrants are legal persons, as per the EDPB quote at
>>>> paragraph 1. In respect of individual (natural person) Registrants, the
>>>> issues will be largely similar: if a natural person incorrectly states that
>>>> their data is not personal data, then (i) the verification measures should
>>>> prevent the data from being published, since they will give the data
>>>> subject an opportunity to correct their mistake; (ii) the mitigating
>>>> factors and legal arguments described at paragraphs 11.7 and 11.8 and
>>>> paragraphs 14.1 - 14.6 here, should confer reasonable legal protection for
>>>> Contracted Parties.
>>>>
>>>> [1]
>>>> <#m_-5611700270444694520_m_2928171497802302509_m_4115156499825390581_m_8997009847875421100_m_5832361527529862212_m_2854865445665285661__ftnref2>
>>>> In its judgement in Case C‑136/17 *GC and Others*, the CJEU explained
>>>> that GDPR obligations relating to an erasure (“Right to Be Forgotten”)
>>>> request apply “*to the operator of a search engine in the context of
>>>> his responsibilities, powers and capabilities as the controller of the
>>>> processing carried out in connection with the activity of the search
>>>> engine, on the occasion of a verification performed by that operator, under
>>>> the supervision of the competent national authorities, following a request
>>>> by the data subject”*. As the Advocate General explained in that
>>>> case, “*such an operator can act only within the framework of its
>>>> responsibilities, powers and capabilities. In other words, such an operator
>>>> may be incapable of ensuring the full effect of the provisions of [EU data
>>>> protection law], precisely because of its limited responsibilities, powers
>>>> and capabilities. . . An ex ante control of internet pages which are
>>>> referenced as the result of a search does not fall within the
>>>> responsibilities or the capabilities of a search engine*.” It could
>>>> not know, from the moment it indexed a webpage, that the content of that
>>>> page was (for example) out of date (as in the original *Google Spain /
>>>> Costeja* ruling), or (in the *GC and Others* case*) * “special
>>>> category” or “criminal offence” data for which it required consent.
>>>>
>>>> [2]
>>>> <#m_-5611700270444694520_m_2928171497802302509_m_4115156499825390581_m_8997009847875421100_m_5832361527529862212_m_2854865445665285661__ftnref3>
>>>> See, for example, Article 14
>>>> <https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031>
>>>> of the e-Commerce Directive 2000/31/EC and its transposition into the
>>>> national laws of EU/EEA Member States and the UK.
>>>>
>>>>
>>>>
>>>> _______________________________________________
>>>>
>>>> Gnso-epdp-team mailing list
>>>>
>>>> Gnso-epdp-team at icann.org
>>>>
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>>>>
>>>> _______________________________________________
>>>>
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