[gnso-rds-pdp-wg] My notes from the discussion with the Data Protection Commissioners on 13 March 2017

[Gomes, Chuck]

Thanks Scott.



Chuck



From: Hollenbeck, Scott
Sent: Monday, March 20, 2017 7:12 AM
To: Gomes, Chuck <cgomes at verisign.com>; 'icann at ferdeline.com' <icann at ferdeline.com>
Cc: 'gnso-rds-pdp-wg at icann.org' <gnso-rds-pdp-wg at icann.org>
Subject: RE: [EXTERNAL] Re: [gnso-rds-pdp-wg] My notes from the discussion with the Data Protection Commissioners on 13 March 2017



From: gnso-rds-pdp-wg-bounces at icann.org<mailto:gnso-rds-pdp-wg-bounces at icann.org> [mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Gomes, Chuck via gnso-rds-pdp-wg
Sent: Sunday, March 19, 2017 8:33 AM
To: icann at ferdeline.com<mailto:icann at ferdeline.com>; gnso-rds-pdp-wg at icann.org<mailto:gnso-rds-pdp-wg at icann.org>
Subject: [EXTERNAL] Re: [gnso-rds-pdp-wg] My notes from the discussion with the Data Protection Commissioners on 13 March 2017



Thank you very much for doing this Ayden.  I found it very helpful and share a few personal comments here.



“Data controllers should not fragment their policies depending on the territory.  (GB, JC)”

•••••••• While I do not question that this point was made, I suspect that when we get into the policy and implementation phases we will likely encounter some issues where different jurisdictions have conflicting requirements and we may have to localize some requirements by jurisdiction.  If I remember correctly, I think the EWG addressed this and that RDAP makes this possible to do from a technical point of view.



““The major treaty on data protection is Convention 108. And Convention 108 is open

for signature to countries across the world. Uruguay has signed it. Tunisia has signed

it. And another ten countries are now observers. And it is that convention [not the

European Union’s GDPR] which has actually provided the standard with which more

than another 100 countries around the world have followed.” (JC)”

•••••••• I could be mistaken but I thought that there were over 50 countries that signed on to Convention 108.  Am I mistaken on that?



[SAH] I found the list of signatories here, Chuck: https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/108/signatures?p_auth=fz15vACH



If I’m counting correctly there are 47 countries identified as states that have signed and ratified the convention. Three others are identified as “Non-Members of Council of Europe” who have ratified.



““Is there any other less intrusive method compared to mandatory publication that

would serve the purpose of the WHOIS directories without all data being directly

available online to everybody?” (GB)”

•••••••• Isn’t this essentially a conclusion that the EWG arrived at?  I would appreciate it if EWG members would comment on this.



[SAH] This EWG member’s recollection is that we recommended implementation of gated access to serve the purpose “without all data being directly available online to everybody”.



Scott

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-rds-pdp-wg/attachments/20170320/6485f6e2/attachment.html>