[gnso-rds-pdp-wg] ICANN Legal Opinion on GDPR - Part 1

[Michael Peddemors]

On 17-10-18 09:23 PM, Alan Greenberg wrote:
> Perhaps it has already been posted, but if not, ICANN has received the 
> first part of the independent legal analysis of the GDPR in relation to 
> WHOIS that had been commissioned.
> 
> It can be found at 
> https://www.icann.org/en/system/files/files/gdpr-memorandum-part1-16oct17-en.pdf. 
> 
> 
> Alan
> 
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> gnso-rds-pdp-wg at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg

One of the big take aways from that document..

3.6
Data Processing Purposes
3.6.1
Under Article 5 GDPR, personal data may only be processed for specified, 
explicit and  legitimate  purposes  and  not  further  processed  in  a 
manner  that  is incompatible with those purposes. The controller is 
responsible for formulating the purpose of any processing of data and is 
obligated to inform any data subjects of  such  purpose  before 
commencing  the  processing.  The  providing of such information is 
further a prerequisite for obtaining consent for processing (as
further described below).

It seems that if during registration, that the person 
purchasing/renewing the domain information, clearly understands what 
information will used, and that the usage (eg whois) is clearly 
specified and explicit, that there should be no problem..

And I like this point..

"Having identified the intended purposes will in turn facilitate determ
ining which data to process and how to process it and is an important 
part of being able to comply with the GDPR."

We are deep into looking at 'what' data should be in whois, but not sure 
we have developed an actual statement document..

Should the WG concentrate on that first?



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