Thanks for the quick replies.
I agree that the issue that a legal person may have some "natural
person" information associated with it. But there is no way that a
registrar can reasonable parse that, so it is up to the registrant to rid
their entries of natural person information if they choose to include it.
And yes, "Alan Greenberg Inc" had personal information in it.
As does alangreenberg.org. But no one forces me to have a domain
name.
I find particularly amusing the issue of a Legal Person including
name-identifying e-mails. Clearly that is a choice which they may know
about, but the registrar, registry or ICANN cannot. If you wish to be
suitable amused, consider that there are several families in the US with
a surname of "Contact". Abuse.Contact@gmail.com is potentially
a protected address!
Certainly registrars and registries would like to simplify their life.
And adding a Natural/Legal flag will not be a trivial activity. But that
does not imply it is not the right way to go.
Alan
At 14/10/2018 11:42 PM, you wrote:
In agreement of contractual
parties of having 2 systems, one to protect the "natural
person" privacy information for every one globally and not only
those from Europe.
The second is for the "legal persons" and because they're under
licence agreements in the legal system of their respective
countries. Hence moving to a two registered system has to have a
limited and derminate timeframe to move towards the dual registrant
system. I don't think their concerns about changing the system, but it
seems it goes beyond that.
If there are concerns about the micro commercial business for individual
who function without any registration in their countries, it would be
their individual problem in how to be accountable to their countries
requirements.
Nadira
On Mon, Oct 15, 2018, 05:01 Holly Raiche
<
h.raiche@internode.on.net> wrote:
- Folks
- An argument against differentiation is that the contracted
parties want to be able, as much as possible, to implement one system for
managing information rather than having to differentiate between the
license of a name being a natural person and the licensee of a name being
a corporate person.
- Another is says that there are circumstances where information about
legal entities may amount to personal information - for example, when a
small business (usually a legal person) has used the actual name of the
person as the business name, or where, in the case of a legal person, the
contact details provided are for a named individual - thus GDPR
protections should apply uniformly.
- My personal view is that, from the perspective of users, the
protections of GDPR really need only apply to natural persons.
- That means that companies will need to be careful not to provide
personal contact information for the RAA/Registry agreements. And
from an end user point of view, the management of systems to
differentiate legal from natural persons is not our concern.
- Holly
- > On Oct 15, 2018, at 12:12 PM, Alan Greenberg
<alan.greenberg@mcgill.ca
> wrote:
- >
- > Here is a question that we need an answer on no later than
Tuesday morning.
- >
- > GDPR requires the information related to Natural Persons be
protected (for those resident in Europe) be protected. GDPR does not
apply to Legal Persons (ie companies).
- >
- > ICANN's Temporary Spec allows contracted parties to treat all
registrant alike and subject to GDPR.
- >
- > The EPDP Charter includes questions about whether contracted
parties may or must treat Legal Persons differently from Natural
Persons.
- >
- > The GAC, BC and IPC have made strong statements about the need
to restrict GDPS to Natural Persons. The contracted parties are pushing
back - strongly. The words vary, but in essence what they are saying
ranges from there should be no constraint on them to yes, they may
differentiate but with an unspecified time-frame. (As you may note
if you looked at the RDS-WHOIS2 report, registrars under the 2013 RAA
must do some validation of contact information for new an transfered
domains, but none to simple renewal. so there are currently 140,000,000
domains without verified information (5 years after the 2013 RAA came
into force) and there is no requirement to ever validate their
information - so unspecified time frames can last a LONG time.)
- >
- > I personally feel that it is essential that we should
differentiate between legal persons and natural persons, just as GDPR and
other privacy legislation does.
- >
- > Comments?
- >
- > Alan
- >
- > _______________________________________________
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- > CPWG@icann.org
- >
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- > _______________________________________________
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- >
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- >
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