I absolutely disagree with the points Alan raises here: 1) The Charter terms require us to determine whether there is a need to require a determination and certain mechanisms. This determination of need and necessity cannot be plucked out of thin air, but must be based on exactly those considerations we are debating and that you seek to cut short with this intervention. The consideration of data items is not secondary, but primary to allowing us to make the determination in the first place. 2) This argument is backwards. We cannot argue that we need to differentiate because otherwise we cannot create metrics on the differentiation. If, as an extreme example, we recommend not to require anything, how should we measure that success? We first need to figure out what is necessary and what should be required and then, only then can we worry about measuring how to measure the success of that. -- 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 Thu, Apr 15, 2021 at 1:46 AM Alan Greenberg via Gnso-epdp-team < gnso-epdp-team@icann.org> wrote:
I would like to raise two points of order.
Although my preference is for the PDP to generate consensus policy on the Legal/Natural issue, I understand that ultimately that may not be possible. That being said:
1. There have been recent discussions that we should not be creating advice on whether a registrant is a legal or natural person, but rather whether the data items contain personal information. The wording from the EPDP Charter is "Should Contracted Parties be allowed or required to treat legal and natural persons differently, and what mechanism is needed to ensure reliable determination of status?" If there is a need to consider individual data items, that is a secondary issue, but we need to stick to the charter terms.
2. The Key Metrics Considerations part of the EPDP Charter requires the we ensure that we will have metrics to determine the success of our recommendations. As such, if we decide that we will not issue policy recommendation on the legal/natural issue, but rather only guidance, we must also include a policy requirement that contracted parties report on whether or not they are actually following the guidance. If we do not do that, there is no way to measure our ultimate success.
Alan
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