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

[Dotzero]

To add a little levity to the discussion:

https://www.teachprivacy.com/gdpr-cartoon-lawful-processing/

Michael Hammer

On Wed, Feb 7, 2018 at 6:01 PM, Chuck <consult at cgomes.com> wrote:

> Let me chime in to say that I very much appreciate the discussion that is
> occurring on the list on this topic.
>
>
>
> Chuck
>
>
>
> *From:* gnso-rds-pdp-wg [mailto:gnso-rds-pdp-wg-bounces at icann.org] *On
> Behalf Of *Ayden Férdeline
> *Sent:* Wednesday, February 7, 2018 10:16 AM
> *To:* Sam Lanfranco <sam at lanfranco.net>
> *Cc:* gnso-rds-pdp-wg at icann.org
> *Subject:* Re: [gnso-rds-pdp-wg] Legal basis vs. lawful
>
>
>
> 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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