Ah, but the email address is usually correct and can be used for that purpose as it was once verified and it continues to receive our reminders. So contactability is not an issue. We also have account data that we can use to contact registrants, so we don#t even actually need registration data for that purpose.
Further, we will act on any indication that the data is incorrect. The provision of stolen data is unpreventable. No matter how high the barriers thrown up against it, the criminals will find a way around.

Finally, we treat the data subjects of the stolen data as the actual domain owners under the legal principle of agency without authority, provided they retroactively approve the transaction. That way they can agree to the deletion if necessary or transfer it to their own management. So for all intents and purposes, even the false data is accurate.

-- 
Volker A. Greimann
General Counsel and Policy Manager
KEY-SYSTEMS GMBH

T: +49 6894 9396901
M: +49 6894 9396851
F: +49 6894 9396851
W: www.key-systems.net

Key-Systems GmbH is a company registered at the local court of Saarbruecken, Germany with the registration no. HR B 18835
CEO: Oliver Fries and Robert Birkner

Part of the CentralNic Group PLC (LON: CNIC) a company registered in England and Wales with company number 8576358.

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On Wed, Mar 24, 2021 at 10:20 PM Alan Greenberg <alan.greenberg@mcgill.ca> wrote:
Volker, I can't speak to other data protection laws, but GDPR requires accuracy "for the purposes for which they are processed" (GDPR Article 5(d). If contact data is collected to enable contact with the registrant, and it is "accurate data of the wrong data subject", then it cannot be used to contact the registrant and it is therefore not accurate.

Alan

At 2021-03-24 05:07 PM, Volker Greimann via Gnso-epdp-team wrote:
Hi Brian,

That approach is actually very compliant  with data protection law. Overprotection is not an issue. If you simply protect all data equally in a way that would be compliant, you do not need to differentiate.

Accuracy is shown by demonstrating that the data is unchanged from the time it was created and how it was created, by showing that the data subject has contractually agreed to only provide accurate data (and correct if outdated), and has been provided with an annual opportunity to review the data. That is the level accuracy that is relevant under the accuracy principle of the GDPR, after all.

On top of that (Bonus round for extra points here) the data collection process ensured that only properly formatted data was collected and the registrant has been required to verify his email address.

So reasonable steps to ensure the accuracy have been taken, the data subject can request a correction at any time and we will take action on any indication of inaccuracy of the data.

But the real problem isn't actually inaccurate data, in our experience. It is accurate data of the wrong data subject.

--
Volker A. Greimann
General Counsel and Policy Manager
KEY-SYSTEMS GMBH

T: +49 6894 9396901
M: +49 6894 9396851
F: +49 6894 9396851
W: www.key-systems.net

Key-Systems GmbH is a company registered at the local court of Saarbruecken, Germany with the registration no. HR B 18835
CEO: Oliver Fries and Robert Birkner

Part of the CentralNic Group PLC (LON: CNIC) a company registered in England and Wales with company number 8576358.

This email and any files transmitted are confidential and intended only for the person(s) directly addressed. If you are not the intended recipient, any use, copying, transmission, distribution, or other forms of dissemination is strictly prohibited. If you have received this email in error, please notify the sender immediately and permanently delete this email with any files that may be attached.


On Wed, Mar 24, 2021 at 9:48 PM King, Brian < Brian.King@markmonitor.com> wrote:

Hey Volker,

 

I suppose my point (and I think I’m also paraphrasing an intervention made by Melina previously) is that approach is not likely to be compliant with data protection law.

 

I accept that the concept of accuracy as a policy matter is not within our remit, but let’s use accuracy as a data protection principle – how could a controller reasonably demonstrate too a DPA that the controller’s data is accurate, for example, if the controller has not even assessed whether the data is personal data?

 

 

Brian J. King​
He/Him/His

Head of Policy and Advocacy, Intellectual Property Group


T +1 443 761 3726​

Time zone: US Eastern Time

 

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From: Volker Greimann < vgreimann@key-systems.net>
Sent: Wednesday, March 24, 2021 3:58 PM
To: King, Brian < Brian.King@markmonitor.com>
Cc: Mueller, Milton L <milton@gatech.edu>; gnso-epdp-team@icann.org
Subject: Re: [Gnso-epdp-team] On the proposed guidance

 

Hi Brian,

 

the easiest way to comply with data protection law is to simply treat all registration data as if it were personal data. No chance of ever running afoul data protection law if you do that correctly and it is pretty easy to demonstrate as well.

 

--
Volker A. Greimann
General Counsel and Policy Manager
KEY-SYSTEMS GMBH

T: +49 6894 9396901
M: +49 6894 9396851
F: +49 6894 9396851
W: www.key-systems.net

Key-Systems GmbH is a company registered at the local court of Saarbruecken, Germany with the registration no. HR B 18835
CEO: Oliver Fries and Robert Birkner

Part of the CentralNic Group PLC (LON: CNIC) a company registered in England and Wales with company number 8576358.

This email and any files transmitted are confidential and intended only for the person(s) directly addressed. If you are not the intended recipient, any use, copying, transmission, distribution, or other forms of dissemination is strictly prohibited. If you have received this email in error, please notify the sender immediately and permanently delete this email with any files that may be attached.

 

 

On Wed, Mar 24, 2021 at 5:47 PM King, Brian via Gnso-epdp-team <gnso-epdp-team@icann.org > wrote:

Hi Milton,

 

Thank you for the constructive intervention. Your point is well taken, and I can certainly see that from the RNH perspective.

 

One feature of data protection law related to your point is that it requires data controllers and processors to be able to demonstrate compliance with the law. A controller or processor could doubtfully demonstrate compliance with data protection law if they had not determined whether they were actually processing personal data. In fact, data protection professionals will tell you that you absolutely must determine what personal data you’re processing as the first step toward compliance with data protection law. It seems the policy question is: what, if anything, should contracted parties be required to do based on the status of the data? Is that right?

 

As always, we’re happy to work with you and look forward to finding consensus.

 

 

Brian J. King​
He/Him/His

Head of Policy and Advocacy, Intellectual Property Group


T +1 443 761 3726​

Time zone: US Eastern Time

 

clarivate.com | Accelerating innovation

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From: Gnso-epdp-team < gnso-epdp-team-bounces@icann.org> On Behalf Of Mueller, Milton L via Gnso-epdp-team
Sent: Wednesday, March 24, 2021 11:13 AM
To: gnso-epdp-team@icann.org
Subject: [Gnso-epdp-team] On the proposed guidance

 

I was reading through two documents setting out in detail the proposed guidance on legal/natural.

There seems to be more than one Google doc on this and I am not sure which one is the latest or most official, though I suspect it is the one with various people’s comments crawling all over it.

 

I was pretty supportive of the Guidance overall. I had one problem with it, though.

I liked the description of HOW the differentiation needed to take place. But in describing WHEN differentiation takes place and WHO would do it, it sets out 3 “high level scenarios†.

The first two are ok. The third scenario (listed as #5 in the document) is that the Registrar does it for the RNH, based on “inferences.â€

 

That option just doesn’t fly for those of us representing RNH’s in this process. We cannot have a registrant’s disclosure status or person type determined FOR them by someone else. If we can strike that part of the guidance, I think we can be on our way to a much broader consensus.

 

Dr. Milton L Mueller

Georgia Institute of Technology

School of Public Policy

IGP_logo_gold block

 

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