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

[Chuck]

Michael,

I am not clear on what you mean by "an actual statement document".

3.6.1 seems to me to say the same thing that the Data Protection experts and
Wilson Sonsini said. Is there anything new?

Chuck

-----Original Message-----
From: gnso-rds-pdp-wg-bounces at icann.org
[mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Michael Peddemors
Sent: Thursday, October 19, 2017 12:18 PM
To: gnso-rds-pdp-wg at icann.org
Subject: Re: [gnso-rds-pdp-wg] ICANN Legal Opinion on GDPR - Part 1

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
> 
> _______________________________________________
> gnso-rds-pdp-wg mailing list
> 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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