[gnso-rds-pdp-wg] Legal basis vs. lawful

Ayden Férdeline icann at ferdeline.com
Wed Feb 7 18:15:52 UTC 2018


Thanks for this explanation, Sam and Tapani. On this basis I am most comfortable with the existing text; that is, any purpose must satisfy at least one 'legal basis' for processing.

Kind regards,
Ayden

-------- Original Message --------
On 7 February 2018 4:53 PM, Sam Lanfranco <sam at lanfranco.net> wrote:

> Thanks Tapani,
>
> I will extract from your longer message.
> I deliberately kept my brief and less technical.
> I think we are in agreement here and I support your position.
>
> On 2/7/2018 1:07 AM, Tapani Tarvainen wrote:
>
> The key distinction, as I understand it, is that "lawful" would be
>  defined by the negative, everything that some law does not prohibit,
> where as "legal basis" is defined by the positive, only things whose
> justification can be explicitly derived from law.
>
>   <......>
>
> So I would prefer "legal basis" specifically in this sense: that any processing
>  would have to be explicitly based on one of the criteria, or bases, as listed
> in GDPR Article 6, or similar explicit justification in other data protection legislation.
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