[gnso-rds-pdp-wg] Questions for Data Commissioners

[Gomes, Chuck]

Thanks for the quick feedback Steve.  I encourage Lisa and Susan to respond but also inserted some responses of my own.

 

Chuck

 

From: gnso-rds-pdp-wg-bounces at icann.org [mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Metalitz, Steven
Sent: Monday, March 06, 2017 5:38 PM
To: 'Lisa Phifer' <lisa at corecom.com>; RDS PDP WG <gnso-rds-pdp-wg at icann.org>
Subject: [EXTERNAL] Re: [gnso-rds-pdp-wg] Questions for Data Commissioners

 

Thanks Lisa.  A few quick reactions: 

 

(1)   As several members of the WG have repeatedly reminded us in this and other ICANN contexts, some/many/most national data protection authorities within the EU do not/will not/would rather not render advisory opinions.  I understand that in fact there will be few if any participants in either of these sessions whose job is actually to enforce a specific national data protection law.  Even so, questions asking for legal conclusions about violation of data protection laws (or of the GDPR, which has not yet come into force) in specific circumstances may not be the most constructive way to proceed.  I especially marked the last sentence of Q.3 as a good candidate for deletion. 

[Gomes, Chuck] Am I correct that you are suggesting that just the last question in Q.3 be deleted, i.e., "If so, would entities that collect and process this data be considered in violation of the Directive and the GDPR?"  Regardless, please be ready to repeat this suggestion in our WG call tomorrow so we can see if the WG supports the deletion.

(2)   The first sentence of Q. 4 seems a bit garbled.  In the second and third sentences, should the references to "registrars" be changed to "registrants"?  (I did not know there was any issue to requiring registrars to make their contact information publicly available, though not necessarily in the RDS itself.)

[Gomes, Chuck] I will let Susan & Lisa respond to this, hopefully before the WG call so that any edits made can be reviewed by the WG in our meeting.

(3)   Obviously there are more questions here than are likely to be addressed in either the Monday or Wednesday sessions so will there be any effort to prioritize them?  

[Gomes, Chuck] They fully realize that there are likely more questions than can be covered, especially if their answers are lengthy.  My hope is that some of the questions will be discussed in the cross community session on Monday and that we can then just discuss the remaining questions on Wednesday.  Even then, there may be too many so if you have any suggestions regarding priority please communicate them.  I will let Susan & Lisa respond regarding whether they discussed priorities.

 

Thanks and I hope these thoughts are still timely. 

 

Steve Metalitz 



Steven J. Metalitz | Partner, through his professional corporation

T: 202.355.7902 | met at msk.com

Mitchell Silberberg & Knupp LLP | www.msk.com

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From: gnso-rds-pdp-wg-bounces at icann.org [mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Lisa Phifer
Sent: Monday, March 06, 2017 4:36 PM
To: RDS PDP WG
Subject: [gnso-rds-pdp-wg] Questions for Data Commissioners

 

Dear all,

A proposed final version of this WG's questions for data commissioners is attached and also posted on our wiki: 

*	RDSPDP-QuestionsForDataCommissioners-v8clean.pdf and 
*	RDSPDP-QuestionsForDataCommissioners-v8markup.docx 

Thanks to all who contributed questions and feedback to this list of questions. Please refer to the v8markup document to see how feedback was incorporated to produce the v8clean PDF.

Once finalized during this week's WG call, a clean final list will be transmitted by Chuck to the moderator of the cross-community session:

        Monday 13 March 3:15-4:45pm CET (http://sched.co/9nnl)

That list will also be provided to invited speakers for our Wednesday F2F session:

        Wednesday 15 March 1:45-3:00pm CET (http://sched.co/9npc)

Best regards,
Lisa

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