[Gnso-epdp-team] Text error in current Final Report draft

[Alan Woods]

Dear team,

I have not canvassed my team on this, but in the interests of not delaying,
I do not agree that this is an error in need of rectification. This
original text and use of the term 'disclosure' in this paragraph, was, I
believe, actually quite intentional. As we have discussed, at length, on
numerous occasions, publication is a subset of disclosure. Your edit,
although technically true, only has the effect of further limiting the
guidance to that particular subset of a much broader concept that is being
captured here,likely further eroding the utility of the guidance.
Specific subsets of disclosure are teased out in the relevant proceeding
elements of the guidance (e.g. publication as a disclosure is contemplated
in both ss.2 & ss 5).

Leaving this as 'disclosure' does not exclude the concept of publication in
the remit of the guidance. The change to 'publication',  I fear, would
necessitate further discussion and I neither believe this to be necessary
nor would I advocate for such change at this stage.

Warmest regards,

Alan


[image: Donuts Inc.] <http://donuts.domains/>

Alan Woods
Senior Manager, Compliance & Policy, Donuts Inc.
------------------------------
Donuts
Ground Floor
Le Pole House
Ship Street Great
Dublin 8


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On Thu, Sep 2, 2021 at 3:50 AM Mark Svancarek (CELA) via Gnso-epdp-team <
gnso-epdp-team at icann.org> wrote:

> Hi, in reviewing the current text, I’ve discovered an error in line 156.
> I’ve included the surrounding text for context.
>
>
>
> Lines
>
> Current Text
>
> Corrected Text
>
> 152 - 156
>
> The GDPR protects natural persons in relation to the processing of their
> personal data. The GDPR does not cover the processing of personal data
> which concerns legal persons and in particular undertakings established as
> legal persons, including the name and the form of the legal person and the
> contact details of the legal person[Recital 14,  GDPR]
>
> The GDPR protects natural persons in relation to the processing of their
> personal data. The GDPR does not cover the processing of personal data
> which concerns legal persons and in particular undertakings established as
> legal persons, including the name and the form of the legal person and the
> contact details of the legal person[Recital 14,  GDPR]
>
> 156 - 160
>
> This generally allows for *disclosure* of legal persons’ data because it
> is outside  the remit of GDPR; however, when processing legal persons’
> data, Contracted Parties  should put safeguards in place to ensure that
> personally identifying data about a  natural person is not disclosed within
> data marked as a legal person, as this is an  example of information that *is
> *within the scope of GDPR.
>
> This generally allows for *publication* of legal persons’ data because it
> is outside  the remit of GDPR; however, when processing legal persons’
> data, Contracted Parties  should put safeguards in place to ensure that
> personally identifying data about a  natural person is not disclosed within
> data marked as a legal person, as this is an  example of information that *is
> *within the scope of GDPR.
>
> 160 - 162
>
> For more information on this  distinction, please refer to the *letter *from
> the European Data Protection Board,  beginning on p. 4.
>
> For more information on this  distinction, please refer to the *letter *from
> the European Data Protection Board,  beginning on p. 4.
>
>
>
> Thanks in advance for fixing this.
>
>
>
>
>
> *Mark Svancarek*
>
> Principal Program Manager, Corporate Standards Group
>
> Privacy & Regulatory Affairs
>
> Microsoft
>
> marksv at microsoft.com
>
> *www.linkedin.com/in/marksv <http://www.linkedin.com/in/marksv>*
>
> T:  [+1] 425-706-2773
>
>
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