- Gnso-epdp-team - lists.icann.org

RrSG comments on Legal Questions table
by Sarah Wyld May 30, 2019

May 30, 2019

Hello all, Attached please find the RrSG team's feedback on the clarifying legal questions table. Comments and questions are in red for visibility. Thank you. -- Sarah Wyld Domains Product Team Tucows +1.416 535 0123 Ext. 1392

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For your review by Wed 29 May - SG/C/SO/AC Input Template
by Marika Konings May 29, 2019

May 29, 2019

Dear EPDP Team, Please find hereby the proposed SG/C/SO/AC Input Template for your review: https://docs.google.com/document/d/18y45QVBgf8K_qaHEPL_Ux7Fs1MuFZ8lDsVa7B5O…. Comments are due by Wednesday 29 May at the latest. Best regards, Caitlin, Berry and Marika Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<https://urldefense.proofpoint.com/v2/url?u=http-3A__learn.icann.org_courses…> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>.

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**Reminder, with note** Meeting Invitation: Observers GNSO Temp Spec gTLD RD EPDP - Phase 2 call / Thursday, 30 May 2019 at 14:00 UTC
by Julie Bisland May 29, 2019

May 29, 2019

**Note: This meeting is scheduled for 90 minutes but may last 120 minutes. As a result of various requests to facilitate observers to follow the EPDP Phase 2 deliberations in real time, audio cast will be made available for the EPDP plenary meetings. Staff will be monitoring audio cast attendance numbers so that the EPDP leadership can assess its usage. As a reminder, the zoom recording, mp3 recording, chat transcript and transcript of the EPDP plenary meetings will be publicly posted as soon as available on the EPDP wiki page and GNSO master calendar. Dear all, The next meeting of the GNSO Temp Spec gTLD RD EPDP – Phase 2 is scheduled on Thursday, 30 May 2019 at 14:00 UTC for 90 minutes. 07:00 PDT, 10:00 EDT, 16:00 Paris CEST, 19:00 Karachi PKT, 23:00 Tokyo JST, (Friday) 00:00 Melbourne AEST For other times: https://tinyurl.com/y5uuxw79 [tinyurl.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__tinyurl.com_y5uuxw79&d…> Agenda Wiki: https://community.icann.org/x/5YSGBg The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_grou…> Meeting Audio Cast (for observers) To join the event, click on the link: Listen in browser: http://stream.icann.org:8000/stream02 <https://urldefense.proofpoint.com/v2/url?u=http-3A__stream.icann.org-3A8000…> Listen in application such as iTunes: http://stream.icann.org:8000/stream02.m3u <https://urldefense.proofpoint.com/v2/url?u=http-3A__stream.icann.org-3A8000…> Thank you. Kind Regards, Terri

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Working definitions input freeze & anonymous edits
by Marika Konings May 29, 2019

May 29, 2019

Dear EPDP Team, Please note that we will freeze the input on the working definitions at 15.00 UTC today (Wednesday). Also note that someone has provided edits instead of comments anonymously. Please identify yourself and enter your proposed edits like comments. If we cannot identify who provided those suggestions, we may need to ignore them. Best regards, Caitlin, Berry and Marika From: Gnso-epdp-team <gnso-epdp-team-bounces(a)icann.org> on behalf of Marika Konings <marika.konings(a)icann.org> Date: Tuesday, May 28, 2019 at 08:58 To: "gnso-epdp-team(a)icann.org" <gnso-epdp-team(a)icann.org> Subject: [Gnso-epdp-team] Reminder - outstanding action items Dear EPDP Team, Hereby a reminder of the outstanding action items for this week: EPDP Team Members to propose comments on the working definitions list. Tuesday, 28 May see https://docs.google.com/document/d/1UqsaC1I9bCykNXp1O0FsGuh3Y09b-b9jtHEsapt… [docs.google.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_docume…> EPDP Team Members to provide comments on legal questions table, i.e., question relevance and prioritization. Wednesday, 29 May see Clarifying Legal Questions Table.docx<https://community.icann.org/download/attachments/105387964/Clarifying%20Leg…> EPDP Team Members to provide feedback on SSAD worksheet Wednesday, 29 May see https://community.icann.org/x/5oaGBg EPDP Team members to review SG/C/SO/AC Input Template Wednesday, 29 May https://docs.google.com/document/d/18y45QVBgf8K_qaHEPL_Ux7Fs1MuFZ8lDsVa7B5O…<https://docs.google.com/document/d/18y45QVBgf8K_qaHEPL_Ux7Fs1MuFZ8lDsVa7B5O…> These can also be found here: https://community.icann.org/x/vBdIBg. Best regards, Caitlin, Berry and Marika Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<https://urldefense.proofpoint.com/v2/url?u=http-3A__learn.icann.org_courses…> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>.

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Re: [Gnso-epdp-team] Access definition
by Alan Greenberg May 29, 2019

May 29, 2019

Milton, my overall feeling is that your last paragraph captures our real need - we need to start working on the specifics how access/disclosure will work. That being said, you ask for preciseness in definitions. I feel we must end up there but it is less important at this point. However, you say that the cited GDPR passage is the definition of "access". It is not! It is the definition of "rights of access by the data subject". It is silent as to whether processing by third parties under Article 6.1(f) is deemed to be through an "access" mechanism, nor do I believe it matters. Alan At 25/05/2019 09:03 AM, Mueller, Milton L wrote: Here is the definition of ?access? in the GDPR. Article 15, EU GDPR, "Right of access by the data subject" 1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information: (a) the purposes of the processing; (b) the categories of personal data concerned; (c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; (d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; (e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing; (f) the right to lodge a complaint with a supervisory authority; (g) where the personal data are not collected from the data subject, any available information as to their source; (h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. http://www.privacy-regulation.eu/en/article-15-right-of-access-by-the-data-… It is abundantly clear that legally, ?access? refers to a general and unconditional right of the data subject to see data about themselves and to understand the provenance of the data a processor or controller has about themselves. For the sake of legal accuracy, clarity, and avoidance of confusion let us cease confusing third party disclosure rights with data subjects? access rights. The working definitions proposed are invalid and need to be modified in conformity with proper legal usage. I am sure we will have a robust policy debate about how extensive or limited third party disclosure rights are. Let us not waste time playing word games (i.e., conflating data subject access rights with third party disclosure rights) instead. Dr. Milton L Mueller Georgia Institute of Technology School of Public Policy [IGP_logo_gold block] _______________________________________________ Gnso-epdp-team mailing list Gnso-epdp-team(a)icann.org https://mm.icann.org/mailman/listinfo/gnso-epdp-team _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy ( https://www.icann.org/privacy/policy) and the website Terms of Service ( https://www.icann.org/privacy/tos) You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.

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**Reminder** Meeting Invitation: Observers GNSO Temp Spec gTLD RD EPDP - Phase 2 call / Thursday, 30 May 2019 at 14:00 UTC
by Julie Bisland May 29, 2019

May 29, 2019

As a result of various requests to facilitate observers to follow the EPDP Phase 2 deliberations in real time, audio cast will be made available for the EPDP plenary meetings. Staff will be monitoring audio cast attendance numbers so that the EPDP leadership can assess its usage. As a reminder, the zoom recording, mp3 recording, chat transcript and transcript of the EPDP plenary meetings will be publicly posted as soon as available on the EPDP wiki page and GNSO master calendar. Dear all, The next meeting of the GNSO Temp Spec gTLD RD EPDP – Phase 2 is scheduled on Thursday, 30 May 2019 at 14:00 UTC for 90 minutes. 07:00 PDT, 10:00 EDT, 16:00 Paris CEST, 19:00 Karachi PKT, 23:00 Tokyo JST, (Friday) 00:00 Melbourne AEST For other times: https://tinyurl.com/y5uuxw79 [tinyurl.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__tinyurl.com_y5uuxw79&d…> Agenda Wiki: https://community.icann.org/x/5YSGBg The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_grou…> Meeting Audio Cast (for observers) To join the event, click on the link: Listen in browser: http://stream.icann.org:8000/stream02 <https://urldefense.proofpoint.com/v2/url?u=http-3A__stream.icann.org-3A8000…> Listen in application such as iTunes: http://stream.icann.org:8000/stream02.m3u <https://urldefense.proofpoint.com/v2/url?u=http-3A__stream.icann.org-3A8000…> Thank you. Kind Regards, Terri

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Reminder - outstanding action items
by Marika Konings May 28, 2019

May 28, 2019

Dear EPDP Team, Hereby a reminder of the outstanding action items for this week: EPDP Team Members to propose comments on the working definitions list. Tuesday, 28 May see https://docs.google.com/document/d/1UqsaC1I9bCykNXp1O0FsGuh3Y09b-b9jtHEsapt… [docs.google.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_docume…> EPDP Team Members to provide comments on legal questions table, i.e., question relevance and prioritization. Wednesday, 29 May see Clarifying Legal Questions Table.docx<https://community.icann.org/download/attachments/105387964/Clarifying%20Leg…> EPDP Team Members to provide feedback on SSAD worksheet Wednesday, 29 May see https://community.icann.org/x/5oaGBg EPDP Team members to review SG/C/SO/AC Input Template Wednesday, 29 May https://docs.google.com/document/d/18y45QVBgf8K_qaHEPL_Ux7Fs1MuFZ8lDsVa7B5O…<https://docs.google.com/document/d/18y45QVBgf8K_qaHEPL_Ux7Fs1MuFZ8lDsVa7B5O…> These can also be found here: https://community.icann.org/x/vBdIBg. Best regards, Caitlin, Berry and Marika Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<https://urldefense.proofpoint.com/v2/url?u=http-3A__learn.icann.org_courses…> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>.

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Proposed Agenda - EPDP Team Meeting #4 Thursday 30 May at 14.00 UTC
by Marika Konings May 28, 2019

May 28, 2019

Dear EPDP Team, Please find below the proposed agenda for the next EPDP Team meeting which is scheduled for Thursday 30 May at 14.00 UTC. Best regards, Caitlin, Berry and Marika EPDP Phase 2 - Meeting #4 Proposed Agenda Thursday, 30 May 2019 at 14.00 UTC 1. Roll Call & SOI Updates (5 minutes) 2. Confirmation of agenda (Chair) 3. Welcome and housekeeping issues (Chair) (5 minutes) * Duration of calls – proposal to schedule calls for 120 minutes but aim to keep to 90 minutes. 4. Expected next steps in relation to Board action on Phase 1 recommendations - see https://www.icann.org/resources/board-material/resolutions-2019-05-15-en#1.b (Keith Drazek) (20 minutes) * Update on Council discussions and expected next steps * Discussion * Confirm next steps for EPDP Team, if any 5. SG/C/SO/AC Input Template – see https://docs.google.com/document/d/18y45QVBgf8K_qaHEPL_Ux7Fs1MuFZ8lDsVa7B5O…<https://docs.google.com/document/d/18y45QVBgf8K_qaHEPL_Ux7Fs1MuFZ8lDsVa7B5O…> - (Chair) (10 minutes) * Review input received * Confirm next steps and deadline for SG/C/SO/AC input 6. Legal memos clarifying questions (15 minutes) (Caitlin) a. Review questions submitted b. Proposed approach for prioritizing and confirming questions for submission to Bird & Bird c. Confirm next steps 7. Working definitions for the purpose of the EPDP (15 min) (Chair): * Review updated proposed working definitions * Confirm working definitions 8. SSAD Priority 1 worksheet (30 minutes) (Marika) * Outline concept approach – see https://docs.google.com/document/d/1uoolznpxb0JxddFZA5n9ueRkB4tjDOQQCoMeQWp… * Input from EPDP Team * Confirm next steps for finalization of priority 1 worksheet 9. Any other business (Chair) * Call schedule priority 2 worksheets review: · Monday, 03 June - 14:00-15:30 UTC Display of information of affiliated vs. accredited privacy / proxy providers Legal vs natural persons · Wednesday, 12 June - 20:00 – 21.30 UTC City field redaction Data Retention · Monday 17 June – 13:00 – 14:30 UTC Potential OCTO Purpose Feasibility of unique contacts to have a uniform anonymized email address · TBC (post ICANN65) Accuracy and WHOIS ARS * Expert briefing by Steve Crocker 10. Wrap and confirm next meeting to be scheduled for Thursday, 6 June at 14.00 UTC (5 minutes) * Confirm action items * Confirm questions for ICANN Org, if any Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<https://urldefense.proofpoint.com/v2/url?u=http-3A__learn.icann.org_courses…> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>.

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Schedule for additional calls for those interested to work on priority 2 worksheets
by Marika Konings May 27, 2019

May 27, 2019

Dear EPDP Team, In follow up to one of the action items of the last EPDP Team meeting (“Support Staff to schedule additional calls to review and discuss priority 2 worksheets for those interested”) please find hereby the proposed schedule for these additional calls. As noted, these calls are intended for those EPDP Team members interested in working with the staff support team to further complete and refine the priority 2 worksheets. These calls will be recorded and for those not able to attend, you can also provide your input via the google docs (see https://community.icann.org/x/5oaGBg) in advance of the meetings. * Monday, 03 June - 14:00-15:30 UTC Display of information of affiliated vs. accredited privacy / proxy providers Legal vs natural persons * Wednesday, 12 June - 20:00 – 21.30 UTC City field redaction Data Retention * Monday 17 June – 13:00 – 14:30 UTC Potential OCTO Purpose Feasibility of unique contacts to have a uniform anonymized email address * TBC (post ICANN65) Accuracy and WHOIS ARS Of course, any updates made to the worksheets will be shared with the full EPDP Team for review. Best regards, Caitlin, Berry and Marika Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<https://urldefense.proofpoint.com/v2/url?u=http-3A__learn.icann.org_courses…> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>.

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Access definition
by Mueller, Milton L May 27, 2019

May 27, 2019

Here is the definition of "access" in the GDPR. Article 15, EU GDPR, "Right of access by the data subject" 1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information: (a) the purposes of the processing; (b) the categories of personal data concerned; (c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; (d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; (e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing; (f) the right to lodge a complaint with a supervisory authority; (g) where the personal data are not collected from the data subject, any available information as to their source; (h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. http://www.privacy-regulation.eu/en/article-15-right-of-access-by-the-data-… It is abundantly clear that legally, "access" refers to a general and unconditional right of the data subject to see data about themselves and to understand the provenance of the data a processor or controller has about themselves. For the sake of legal accuracy, clarity, and avoidance of confusion let us cease confusing third party disclosure rights with data subjects' access rights. The working definitions proposed are invalid and need to be modified in conformity with proper legal usage. I am sure we will have a robust policy debate about how extensive or limited third party disclosure rights are. Let us not waste time playing word games (i.e., conflating data subject access rights with third party disclosure rights) instead. Dr. Milton L Mueller Georgia Institute of Technology School of Public Policy [IGP_logo_gold block]

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