[gnso-rds-pdp-wg] WSGR Follow Up Question - primary / secondary purposes

[Marika Konings]

Dear All,

Following on from the thread below to ensure that all the relevant information is kept together, WSGR provided the following response to a follow up question from the leadership team asking to further distinguish between primary and secondary purpose and highlight its relevance for the WG’s deliberations:

In theory the primary purposes are the ones for which the data were originally collected or processed, and secondary purposes are ones that may arise after that or in addition to that. I would also add that it can be difficult to distinguish between the two, and the main thing to remember is that each purpose requires a legal basis before data are processed. I would urge the WG to concentrate on providing a legal basis for the purposes of processing, rather than getting bogged down in a further debate on distinguishing primary and secondary purposes.

As a reminder, you will find the final memorandum attached.

Best regards,

Marika

From: <gnso-rds-pdp-wg-bounces at icann.org> on behalf of Chuck Gomes <consult at cgomes.com>
Date: Tuesday, September 26, 2017 at 15:30
To: "gnso-rds-pdp-wg at icann.org" <gnso-rds-pdp-wg at icann.org>
Subject: [gnso-rds-pdp-wg] FW: WSGR Final Memorandum

As most of you recall, at the request of multiple WG members, we decided in early June to engage a law firm with experience in European data protection law to provide our WG with independent answers to the same questions we asked the European data protection experts earlier in the year.  The final report from that effort is what Marika sent to the list shortly after our WG call today; it is attached to this message as well.

All members are requested to review this report by Friday of this week if possible.  The leadership team has prepared a list of principles that are excerpted from the WSGR Final Report and/or from the Data Expert answers that we think will be relevant to our ongoing work. We have asked the small advisory group that we formed in early June to review the principles and let us know if the excerpts are accurate and complete.  After they have had time to respond, we will finalize the principles document and send it to the full WG for all to review; our goal is to do that by the end of this week so that we can use it in our WG meeting next week.

It is the opinion of the leadership team that the information the Data Protection experts provided has been confirmed by WSGR in their final report, albeit with more detail in some cases.  We also believe that our objective of obtaining an independent analysis of the questions has been met, so it is now time for us to put the information to use in answering the first four questions in our charter and that is the plan starting next week.  To facilitate that, the principles will be mapped to the first four charter questions, a task that is now underway.

I am sure this WG could debate the answers received for the next six months but we are not going to do that.  We received answers from the Data Protection experts.  Some feared bias so we obtained an independent analysis.  That analysis confirms the information that we had already been given with some clarifying insights.  It is now time to apply that information to our deliberation and finish answering critical questions in our charter and develop RDS requirements for Phase 1.

If I left anything out or anyone on the leadership team wants to add anything, please feel free to do.

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: Tuesday, September 26, 2017 9:54 AM
To: gnso-rds-pdp-wg at icann.org
Subject: [gnso-rds-pdp-wg] WSGR Final Memorandum

Dear All,

As discussed during today’s meeting, please find attached for your review and consideration the final memorandum from Wilson Sonsini Goodrich & Rosati, LLP (WSGR) concerning the final responses to EU data protection questions re. gTLD Registration Directory data. Chuck will follow up on this message shortly with further instructions and next steps.

Best regards,

Marika

Marika Konings
Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN)
Email: marika.konings at icann.org<mailto:marika.konings at icann.org>

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