[gnso-rds-pdp-wg] Proposed Agenda for RDS PDP WG Meeting - Tuesday 6 June

Tue Jun 6 13:16:45 UTC 2017

I think a response to the next to last bullet point would be useful: “Should a revision of the questions asked of the data protection experts be done prior to sending to the independent experts?”

As some may recall, it was suggested in a recent WG meeting that the questions should be revised.  The Leadership Team evaluated this suggestion and decided to not revise the questions at the start.  Here is some reasons for making that decision:

1.      The request from WG members to obtain input from independent experts related specifically to the questions that we asked the European Data Protection experts so, if we want a fair comparison, the independent expert(s) should be given the same questions.
2.      The questions we asked the European Data Protection experts were developed with fairly extensive WG input using a small group and then obtaining WG approval of the small group’s recommended questions; using the already prepared questions provides a timely way to incorporate WG input.
3.      We recognize that the original questions are not perfect and may need clarification during the engagement with the expert(s) but we believe that that can happen during the engagement with the expert(s).
4.      In addition to the reason cited in item 1 above, taking time to have the WG revise the questions would likely take several weeks and that would prevent us from using FY17 funds and delay getting the independent opinions further.

Chuck

From: gnso-rds-pdp-wg-bounces at icann.org [mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Marika Konings
Sent: Monday, June 05, 2017 7:28 PM
To: Paul Keating <paul at law.es>; lisa at corecom.com
Cc: gnso-rds-pdp-wg at icann.org
Subject: [EXTERNAL] Re: [gnso-rds-pdp-wg] Proposed Agenda for RDS PDP WG Meeting - Tuesday 6 June

Paul, all, please note the following (from the notes from the WG’s previous meeting):

a) Legal review

*       Staff has been reaching out to experts to perform an independent analysis of the WG’s previously-developed questions on data protection and privacy law application to RDS
*       Information requested included expected costs and timeframe for delivery of answers to questions. Staff has already received some information, and is awaiting more information, to be shared with the leadership team, in order to select and engage experts to conduct this analysis
*       There is advantage in using FY17 funds for this project, as some funds are already available, and allows for further follow-up or additional analysis using FY18 funds
*       Need to decide quickly to take advantage of FY17 funds, and also to provide expert responses in advance of the WG’s target for starting its first initial report for Phase 1
*       Should a revision of the questions asked of the data protection experts be done prior to sending to the independent experts?
*       In the short-term, the leadership team will coordinate bringing the experts on board, and will communicate updates to the WG

Best regards,

Marika

From: <gnso-rds-pdp-wg-bounces at icann.org<mailto:gnso-rds-pdp-wg-bounces at icann.org>> on behalf of Paul Keating <paul at law.es<mailto:paul at law.es>>
Date: Monday, June 5, 2017 at 16:16
To: Lisa Phifer <lisa at corecom.com<mailto:lisa at corecom.com>>
Cc: "gnso-rds-pdp-wg at icann.org<mailto:gnso-rds-pdp-wg at icann.org>" <gnso-rds-pdp-wg at icann.org<mailto:gnso-rds-pdp-wg at icann.org>>
Subject: Re: [gnso-rds-pdp-wg] Proposed Agenda for RDS PDP WG Meeting - Tuesday 6 June

Chuck and all,

We seem to be getting bogged down on issues surrounding the breadth and application of privacy laws.

The major issue I see at this point is an overall lack of shared knowledge regarding what laws are at issue and the breadth and application of those laws.  I'm not intending any insult.   I am concerned that this lack of more widely shared foundational knowledge anchored in the law will continue to cause delays and frustration AND may render some of our work erroneous requiring revision.

I would like to reiterate my request that we attempt to formally engage counsel for the e.g. Who can provide meaningful legal advice.

Sincerely,

Paul Keating, Esq.

On Jun 5, 2017, at 8:40 PM, Lisa Phifer <lisa at corecom.com<mailto:lisa at corecom.com>> wrote:

   Dear all,

   The next GNSO Next-Gen RDS PDP Working Group teleconference will take place on Tuesday 6 June at 16:00 UTC.

   Below please find the proposed agenda for this meeting, along with links to meeting materials, which can be found on the meeting page: https://community.icann.org/x/IsPRAw

   Regards,

   Lisa

   Proposed Agenda for RDS PDP WG Meeting - Tuesday 6 June

   1) Roll Call/SOI Updates
   2) Complete deliberation on: What steps should be taken to control "thin data" access?
       a) Review poll results: AnnotatedResults-Poll-from-30MayCall-v2.pdf<https://community.icann.org/download/attachments/64078626/AnnotatedResults-Poll-from-30MayCall-v2.pdf?version=1&modificationDate=1496683026000&api=v2>
       b) Consider possible principle on proportionality
       c) Action item proposal from Rod Rasmussen and Vaibhav Aggarwal
   3) Resume deliberation on Data Elements for "thin data" only
       See RDSPDP-Handout-For6JuneCall.pdf<https://community.icann.org/download/attachments/64078626/RDSPDP-Handout-For6JuneCall.pdf?version=1&modificationDate=1496685381431&api=v2>
   4) Brief updates on:
       a) Legal analysis
       b) ICANN59 plans: 26 June Cross-Community session<https://schedule.icann.org/>, 28 June WG F2F session<https://community.icann.org/x/lATfAw>
   5) Confirm action items and proposed decision points
   6) Confirm next meeting date: 13 June 2017 at 16:00 UTC

   Meeting Materials: https://community.icann.org/x/IsPRAw

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