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

[Stephanie Perrin]

I agree with Scott, gated access was an early agreement.   It is worth 
noting that the data commissioners have asked for this before. (Offhand 
I cannot remember which documents, but I think it was  a rhetorical 
question from Buttarelli....they are aware of the tiered access that 
some ccTLDs operate.)

Regarding the numbers cited for COE's convention 108, I would have to 
check the transcript, but I recall the mention of over a hundred 
countries which have based their data protection laws on the COE 
convention.  This number is different than countries who have ratified 
the convention....Canada, for instance, relied on the principles in both 
OECD Guidelines and Convention 108 for our privacy legislation, but are 
only observers, and have not signed on to the treaty.  This is doubtless 
the case for many other countries.  The point here is that the basic 
principles have been adopted in most data protection laws.

Many countries of course based their legislation on the EU Directive 
95/46 because they wanted to be deemed adequate at the same time, but 
95/46 also was based on/congruent with COE 108.

Stephanie Perrin


On 2017-03-20 07:11, Hollenbeck, Scott via gnso-rds-pdp-wg wrote:
>
> *From:*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; 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
>
>
>
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