Looked at both didn't see anything that may be useful from Article 29 WP 5 Recommendation 2/97 <http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion...> … There is one paragraph I may have missed from the article below ICANN's public consultation on 2013 RAA Data Retention Specification Data Elements and - Legitimate Purposes for Collection and Retention <https://secure.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/Co...> (17 April 2014) … Summary: 1. Retention of personal data originally collected for commercial purposes, and subsequently retained for law enforcement purposes, has been the subject of a recent landmark ruling by the European Court of Justice, which held Directive 2006/24/EC to be invalid, as an unjustified interference with those rights. The Court recognised that the retention of personal data might be considered appropriate for the purposes of the detection, investigation and prosecution of serious crime, but judged that the Directive 'exceeded the limits imposed by compliance with the principle of proportionality'. It is reasonable to expect requirements for retaining personal data to be subject to increasing scrutiny and legal challenges in the EU. It specifies that EU law was under review and was possible changing after 3/2014 where by a new General Data Protection Regulation which is designed to replace Directive 95/46/EC and be directly applicable in each of the twenty-eight EU Member States. There is therefore now a more compelling need than ever before for ICANN to apply the waiver of the retention period under the 2013 RAA Data Retention Specification uniformly to all EU Member States as requested in the 'harmonised statement' of the Working Party issued by letter of 6 June 2013. Therefore my opinion will be that if the above had happen then there was an expectation that ICANN was going to have to abide by the new directive and ensure that these rules are abide by within the EU or EC now this doesn't not mention anything for other regions of the world like the Americas etc. but a possible argument of how the laws have changed and been implemented for organisations to follow is described above in the summary. Regards R. Padilla MSc. -- Richard Padilla MSc
Yesterday EU clubbed there new Dataprotection through so all memberstates and Iceland, Norway and Lichtenstein (EEC countries) have to follow. Guess we need have a review of the new demands which are in use as per yesterday -- Med vänliga hälsningar / Kind Regards / Med vennlig hilsen Benny Samuelsen Registry Manager - Domainexpert Nordreg AB - ICANN accredited registrar IANA-ID: 638 Phone: +46.852529100 Direct: +47.32260201 Mobile: +47.40410200
On 15 Apr 2016, at 10:24, gnso-rds-pdp-data@icann.org wrote:
Looked at both didn't see anything that may be useful from
Article 29 WP 5 Recommendation 2/97 …
There is one paragraph I may have missed from the article below
ICANN's public consultation on 2013 RAA Data Retention Specification Data Elements and - Legitimate Purposes for Collection and Retention (17 April 2014) …
Summary:
1. Retention of personal data originally collected for commercial purposes, and subsequently retained for law enforcement purposes, has been the subject of a recent landmark ruling by the European Court of Justice, which held Directive 2006/24/EC to be invalid, as an unjustified interference with those rights. The Court recognised that the retention of personal data might be considered appropriate for the purposes of the detection, investigation and prosecution of serious crime, but judged that the Directive 'exceeded the limits imposed by compliance with the principle of proportionality'. It is reasonable to expect requirements for retaining personal data to be subject to increasing scrutiny and legal challenges in the EU.
It specifies that EU law was under review and was possible changing after 3/2014 where by a new General Data Protection Regulation which is designed to replace Directive 95/46/EC and be directly applicable in each of the twenty-eight EU Member States. There is therefore now a more compelling need than ever before for ICANN to apply the waiver of the retention period under the 2013 RAA Data Retention Specification uniformly to all EU Member States as requested in the 'harmonised statement' of the Working Party issued by letter of 6 June 2013. Therefore my opinion will be that if the above had happen then there was an expectation that ICANN was going to have to abide by the new directive and ensure that these rules are abide by within the EU or EC now this doesn't not mention anything for other regions of the world like the Americas etc. but a possible argument of how the laws have changed and been implemented for organisations to follow is described above in the summary.
Regards
R. Padilla MSc.
-- Richard Padilla MSc _______________________________________________ gnso-rds-pdp-data mailing list gnso-rds-pdp-data@icann.org https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data
Hi Benny, I agree that we should be considering the new General Data Protection Regulation which was adopted yesterday by the European Parliament. I would prefer to use the term, “consumer protections”, though, in place of “demands”. This document is very lengthy and I've only skim read a few sections, but it will certainly require that we adopt a new lens on any activities which are either undertaken in the EU market or which impact EU residents. The two relevant files are below (they are around 400 pages in total): http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CONSIL:ST_5418_2016_I... http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CONSIL:ST_5419_2016_I... Best wishes, Ayden On Fri, Apr 15, 2016 9:32 AM, benny--- via gnso-rds-pdp-data gnso-rds-pdp-data@icann.org wrote: Yesterday EU clubbed there new Dataprotection through so all memberstates and Iceland, Norway and Lichtenstein (EEC countries) have to follow. Guess we need have a review of the new demands which are in use as per yesterday -- Med vänliga hälsningar / Kind Regards / Med vennlig hilsen Benny Samuelsen Registry Manager - Domainexpert Nordreg AB - ICANN accredited registrar IANA-ID: 638 Phone: +46.852529100 Direct: +47.32260201 Mobile: +47.40410200 > On 15 Apr 2016, at 10:24, gnso-rds-pdp-data@icann.org wrote: > > Looked at both didn't see anything that may be useful from > > Article 29 WP 5 Recommendation 2/97 > … > > There is one paragraph I may have missed from the article below > > ICANN's public consultation on 2013 RAA Data Retention Specification Data Elements and - Legitimate Purposes for Collection and Retention (17 April 2014) > … > > Summary: > > 1. Retention of personal data originally collected for commercial purposes, and subsequently retained for law enforcement purposes, has been the subject of a recent landmark ruling by the European Court of Justice, which held Directive 2006/24/EC to be invalid, as an unjustified interference with those rights. The Court recognised that the retention of personal data might be considered appropriate for the purposes of the detection, investigation and prosecution of serious crime, but judged that the Directive 'exceeded the limits imposed by compliance with the principle of proportionality'. It is reasonable to expect requirements for retaining personal data to be subject to increasing scrutiny and legal challenges in the EU. > > It specifies that EU law was under review and was possible changing after 3/2014 where by a new General Data Protection Regulation which is designed to replace Directive 95/46/EC and be directly applicable in each of the twenty-eight EU Member States. There is therefore now a more compelling need than ever before for ICANN to apply the waiver of the retention period under the 2013 RAA Data Retention Specification uniformly to all EU Member States as requested in the 'harmonised statement' of the Working Party issued by letter of 6 June 2013. > Therefore my opinion will be that if the above had happen then there was an expectation that ICANN was going to have to abide by the new directive and ensure that these rules are abide by within the EU or EC now this doesn't not mention anything for other regions of the world like the Americas etc. but a possible argument of how the laws have changed and been implemented for organisations to follow is described above in the summary. > > Regards > > R. Padilla MSc. > > -- > Richard Padilla MSc > _______________________________________________ > gnso-rds-pdp-data mailing list > gnso-rds-pdp-data@icann.org > https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data _______________________________________________ gnso-rds-pdp-data mailing list gnso-rds-pdp-data@icann.org https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data Ayden Férdeline +44.77.8018.7421
Hi Ayden The “demands” are basically pointed on the suppliers of servises where personal info are handled. There are still no clear ways of how this will be implemented but it will clearly impact our industry in a big way in the near future. And as you might have noticed only England (GB) and Ireland have been granted not to implement and Denmark have been granted 6 months to consider to implement. All other memberstates will be affected. -- Med vänliga hälsningar / Kind Regards / Med vennlig hilsen Benny Samuelsen Registry Manager - Domainexpert Nordreg AB - ICANN accredited registrar IANA-ID: 638 Phone: +46.852529100 Direct: +47.32260201 Mobile: +47.40410200
On 15 Apr 2016, at 10:45, gnso-rds-pdp-data@icann.org wrote:
Hi Benny,
I agree that we should be considering the new General Data Protection Regulation which was adopted yesterday by the European Parliament. I would prefer to use the term, “consumer protections”, though, in place of “demands”. This document is very lengthy and I've only skim read a few sections, but it will certainly require that we adopt a new lens on any activities which are either undertaken in the EU market or which impact EU residents.
The two relevant files are below (they are around 400 pages in total):
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CONSIL:ST_5418_2016_I... http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CONSIL:ST_5419_2016_I...
Best wishes,
Ayden
On Fri, Apr 15, 2016 9:32 AM, benny--- via gnso-rds-pdp-data gnso-rds-pdp-data@icann.org wrote: Yesterday EU clubbed there new Dataprotection through so all memberstates and Iceland, Norway and Lichtenstein (EEC countries) have to follow. Guess we need have a review of the new demands which are in use as per yesterday -- Med vänliga hälsningar / Kind Regards / Med vennlig hilsen Benny Samuelsen Registry Manager - Domainexpert Nordreg AB - ICANN accredited registrar IANA-ID: 638 Phone: +46.852529100 Direct: +47.32260201 Mobile: +47.40410200 > On 15 Apr 2016, at 10:24, gnso-rds-pdp-data@icann.org wrote: > > Looked at both didn't see anything that may be useful from > > Article 29 WP 5 Recommendation 2/97 > … > > There is one paragraph I may have missed from the article below > > ICANN's public consultation on 2013 RAA Data Retention Specification Data Elements and - Legitimate Purposes for Collection and Retention (17 April 2014) > … > > Summary: > > 1. Retention of personal data originally collected for commercial purposes, and subsequently retained for law enforcement purposes, has been the subject of a recent landmark ruling by the European Court of Justice, which held Directive 2006/24/EC to be invalid, as an unjustified interference with those rights. The Court recognised that the retention of personal data might be considered appropriate for the purposes of the detection, investigation and prosecution of serious crime, but judged that the Directive 'exceeded the limits imposed by compliance with the principle of proportionality'. It is reasonable to expect requirements for retaining personal data to be subject to increasing scrutiny and legal challenges in the EU. > > It specifies that EU law was under review and was possible changing after 3/2014 where by a new General Data Protection Regulation which is designed to replace Directive 95/46/EC and be directly applicable in each of the twenty-eight EU Member States. There is therefore now a more compelling need than ever before for ICANN to apply the waiver of the retention period under the 2013 RAA Data Retention Specification uniformly to all EU Member States as requested in the 'harmonised statement' of the Working Party issued by letter of 6 June 2013. > Therefore my opinion will be that if the above had happen then there was an expectation that ICANN was going to have to abide by the new directive and ensure that these rules are abide by within the EU or EC now this doesn't not mention anything for other regions of the world like the Americas etc. but a possible argument of how the laws have changed and been implemented for organisations to follow is described above in the summary. > > Regards > > R. Padilla MSc. > > -- > Richard Padilla MSc > _______________________________________________ > gnso-rds-pdp-data mailing list > gnso-rds-pdp-data@icann.org > https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data _______________________________________________ gnso-rds-pdp-data mailing list gnso-rds-pdp-data@icann.org https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data
Ayden Férdeline +44.77.8018.7421 _______________________________________________ gnso-rds-pdp-data mailing list gnso-rds-pdp-data@icann.org https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data
Guys You are splitting hairs over semantics :) Any change to legislation will involve the introduction of new “requirements” so there are new “demands”. It’s important, either way, to flag this important change for review. Regards Michele -- Mr Michele Neylon Blacknight Solutions Hosting, Colocation & Domains http://www.blacknight.host/ http://blog.blacknight.com/ http://ceo.hosting/ Intl. +353 (0) 59 9183072 Direct Dial: +353 (0)59 9183090 ------------------------------- Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty Road,Graiguecullen,Carlow,R93 X265,Ireland Company No.: 370845 On 15/04/2016, 10:03, "gnso-rds-pdp-data-bounces@icann.org on behalf of benny--- via gnso-rds-pdp-data" <gnso-rds-pdp-data-bounces@icann.org on behalf of gnso-rds-pdp-data@icann.org> wrote:
Hi Ayden
The “demands” are basically pointed on the suppliers of servises where personal info are handled. There are still no clear ways of how this will be implemented but it will clearly impact our industry in a big way in the near future. And as you might have noticed only England (GB) and Ireland have been granted not to implement and Denmark have been granted 6 months to consider to implement. All other memberstates will be affected.
-- Med vänliga hälsningar / Kind Regards / Med vennlig hilsen
Benny Samuelsen Registry Manager - Domainexpert
Nordreg AB - ICANN accredited registrar IANA-ID: 638 Phone: +46.852529100 Direct: +47.32260201 Mobile: +47.40410200
On 15 Apr 2016, at 10:45, gnso-rds-pdp-data@icann.org wrote:
Hi Benny,
I agree that we should be considering the new General Data Protection Regulation which was adopted yesterday by the European Parliament. I would prefer to use the term, “consumer protections”, though, in place of “demands”. This document is very lengthy and I've only skim read a few sections, but it will certainly require that we adopt a new lens on any activities which are either undertaken in the EU market or which impact EU residents.
The two relevant files are below (they are around 400 pages in total):
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CONSIL:ST_5418_2016_I... http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CONSIL:ST_5419_2016_I...
Best wishes,
Ayden
On Fri, Apr 15, 2016 9:32 AM, benny--- via gnso-rds-pdp-data gnso-rds-pdp-data@icann.org wrote: Yesterday EU clubbed there new Dataprotection through so all memberstates and Iceland, Norway and Lichtenstein (EEC countries) have to follow. Guess we need have a review of the new demands which are in use as per yesterday -- Med vänliga hälsningar / Kind Regards / Med vennlig hilsen Benny Samuelsen Registry Manager - Domainexpert Nordreg AB - ICANN accredited registrar IANA-ID: 638 Phone: +46.852529100 Direct: +47.32260201 Mobile: +47.40410200 > On 15 Apr 2016, at 10:24, gnso-rds-pdp-data@icann.org wrote: > > Looked at both didn't see anything that may be useful from > > Article 29 WP 5 Recommendation 2/97 > … > > There is one paragraph I may have missed from the article below > > ICANN's public consultation on 2013 RAA Data Retention Specification Data Elements and - Legitimate Purposes for Collection and Retention (17 April 2014) > … > > Summary: > > 1. Retention of personal data originally collected for commercial purposes, and subsequently retained for law enforcement purposes, has been the subject of a recent landmark ruling by the European Court of Justice, which held Directive 2006/24/EC to be invalid, as an unjustified interference with those rights. The Court recognised that the retention of personal data might be considered appropriate for the purposes of the detection, investigation and prosecution of serious crime, but judged that the Directive 'exceeded the limits imposed by compliance with the principle of proportionality'. It is reasonable to expect requirements for retaining personal data to be subject to increasing scrutiny and legal challenges in the EU. > > It specifies that EU law was under review and was possible changing after 3/2014 where by a new General Data Protection Regulation which is designed to replace Directive 95/46/EC and be directly applicable in each of the twenty-eight EU Member States. There is therefore now a more compelling need than ever before for ICANN to apply the waiver of the retention period under the 2013 RAA Data Retention Specification uniformly to all EU Member States as requested in the 'harmonised statement' of the Working Party issued by letter of 6 June 2013. > Therefore my opinion will be that if the above had happen then there was an expectation that ICANN was going to have to abide by the new directive and ensure that these rules are abide by within the EU or EC now this doesn't not mention anything for other regions of the world like the Americas etc. but a possible argument of how the laws have changed and been implemented for organisations to follow is described above in the summary. > > Regards > > R. Padilla MSc. > > -- > Richard Padilla MSc > _______________________________________________ > gnso-rds-pdp-data mailing list > gnso-rds-pdp-data@icann.org > https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data _______________________________________________ gnso-rds-pdp-data mailing list gnso-rds-pdp-data@icann.org https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data
Ayden Férdeline +44.77.8018.7421 _______________________________________________ gnso-rds-pdp-data mailing list gnso-rds-pdp-data@icann.org https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data
_______________________________________________ gnso-rds-pdp-data mailing list gnso-rds-pdp-data@icann.org https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data
Folks This input reminded me of the ED Legal Opinion on Data Retention. Michele - Ireland was one of the parties so you are probably best placed to consider whether that opinion should be included in our list of documents Holly On 15 Apr 2016, at 7:16 pm, Michele Neylon - Blacknight via gnso-rds-pdp-data <gnso-rds-pdp-data@icann.org> wrote:
Guys
You are splitting hairs over semantics :)
Any change to legislation will involve the introduction of new “requirements” so there are new “demands”.
It’s important, either way, to flag this important change for review.
Regards
Michele
-- Mr Michele Neylon Blacknight Solutions Hosting, Colocation & Domains http://www.blacknight.host/ http://blog.blacknight.com/ http://ceo.hosting/ Intl. +353 (0) 59 9183072 Direct Dial: +353 (0)59 9183090 ------------------------------- Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty Road,Graiguecullen,Carlow,R93 X265,Ireland Company No.: 370845
On 15/04/2016, 10:03, "gnso-rds-pdp-data-bounces@icann.org on behalf of benny--- via gnso-rds-pdp-data" <gnso-rds-pdp-data-bounces@icann.org on behalf of gnso-rds-pdp-data@icann.org> wrote:
Hi Ayden
The “demands” are basically pointed on the suppliers of servises where personal info are handled. There are still no clear ways of how this will be implemented but it will clearly impact our industry in a big way in the near future. And as you might have noticed only England (GB) and Ireland have been granted not to implement and Denmark have been granted 6 months to consider to implement. All other memberstates will be affected.
-- Med vänliga hälsningar / Kind Regards / Med vennlig hilsen
Benny Samuelsen Registry Manager - Domainexpert
Nordreg AB - ICANN accredited registrar IANA-ID: 638 Phone: +46.852529100 Direct: +47.32260201 Mobile: +47.40410200
On 15 Apr 2016, at 10:45, gnso-rds-pdp-data@icann.org wrote:
Hi Benny,
I agree that we should be considering the new General Data Protection Regulation which was adopted yesterday by the European Parliament. I would prefer to use the term, “consumer protections”, though, in place of “demands”. This document is very lengthy and I've only skim read a few sections, but it will certainly require that we adopt a new lens on any activities which are either undertaken in the EU market or which impact EU residents.
The two relevant files are below (they are around 400 pages in total):
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CONSIL:ST_5418_2016_I... http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CONSIL:ST_5419_2016_I...
Best wishes,
Ayden
On Fri, Apr 15, 2016 9:32 AM, benny--- via gnso-rds-pdp-data gnso-rds-pdp-data@icann.org wrote: Yesterday EU clubbed there new Dataprotection through so all memberstates and Iceland, Norway and Lichtenstein (EEC countries) have to follow. Guess we need have a review of the new demands which are in use as per yesterday -- Med vänliga hälsningar / Kind Regards / Med vennlig hilsen Benny Samuelsen Registry Manager - Domainexpert Nordreg AB - ICANN accredited registrar IANA-ID: 638 Phone: +46.852529100 Direct: +47.32260201 Mobile: +47.40410200 > On 15 Apr 2016, at 10:24, gnso-rds-pdp-data@icann.org wrote: > > Looked at both didn't see anything that may be useful from > > Article 29 WP 5 Recommendation 2/97 > … > > There is one paragraph I may have missed from the article below > > ICANN's public consultation on 2013 RAA Data Retention Specification Data Elements and - Legitimate Purposes for Collection and Retention (17 April 2014) > … > > Summary: > > 1. Retention of personal data originally collected for commercial purposes, and subsequently retained for law enforcement purposes, has been the subject of a recent landmark ruling by the European Court of Justice, which held Directive 2006/24/EC to be invalid, as an unjustified interference with those rights. The Court recognised that the retention of personal data might be considered appropriate for the purposes of the detection, investigation and prosecution of serious crime, but judged that the Directive 'exceeded the limits imposed by compliance with the principle of proportionality'. It is reasonable to expect requirements for retaining personal data to be subject to increasing scrutiny and legal challenges in the EU. > > It specifies that EU law was under review and was possible changing after 3/2014 where by a new General Data Protection Regulation which is designed to replace Directive 95/46/EC and be directly applicable in each of the twenty-eight EU Member States. There is therefore now a more compelling need than ever before for ICANN to apply the waiver of the retention period under the 2013 RAA Data Retention Specification uniformly to all EU Member States as requested in the 'harmonised statement' of the Working Party issued by letter of 6 June 2013. > Therefore my opinion will be that if the above had happen then there was an expectation that ICANN was going to have to abide by the new directive and ensure that these rules are abide by within the EU or EC now this doesn't not mention anything for other regions of the world like the Americas etc. but a possible argument of how the laws have changed and been implemented for organisations to follow is described above in the summary. > > Regards > > R. Padilla MSc. > > -- > Richard Padilla MSc > _______________________________________________ > gnso-rds-pdp-data mailing list > gnso-rds-pdp-data@icann.org > https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data _______________________________________________ gnso-rds-pdp-data mailing list gnso-rds-pdp-data@icann.org https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data
Ayden Férdeline +44.77.8018.7421 _______________________________________________ gnso-rds-pdp-data mailing list gnso-rds-pdp-data@icann.org https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data
_______________________________________________ gnso-rds-pdp-data mailing list gnso-rds-pdp-data@icann.org https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data
gnso-rds-pdp-data mailing list gnso-rds-pdp-data@icann.org https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data
Hi Benny, Thanks for writing back. I absolutely agree that this will impact registrars and any other party involved in the collection or retention of data. We need to give serious consideration to the impacts this regulation entails, particularly those which seem to require privacy-by-default, data-minimisation-by-default, and, for non-EU registrars servicing European clients, Art 3 Para 2, makes it clear that they must adhere to EU data protection laws too. There are also significant penalties for non-compliance with the regulation. While I have not read the document yet — I've just read a few areas where I was most interested — my feeling is that this regulation no longer subordinates the fundamental right to privacy to commercial interests. It would not be appropriate for me to comment here on whether I think that is right or wrong, but reading the EU's press release makes it clear that this is something the European Parliament considers to be an important new development. We would be well served considering this document (which, indeed, you have requested ). Best wishes, Ayden On Fri, Apr 15, 2016 10:03 AM, benny@nordreg.se benny@nordreg.se wrote: Hi Ayden The “demands” are basically pointed on the suppliers of servises where personal info are handled. There are still no clear ways of how this will be implemented but it will clearly impact our industry in a big way in the near future. And as you might have noticed only England (GB) and Ireland have been granted not to implement and Denmark have been granted 6 months to consider to implement. All other memberstates will be affected. -- Med vänliga hälsningar / Kind Regards / Med vennlig hilsen Benny Samuelsen Registry Manager - Domainexpert Nordreg AB - ICANN accredited registrar IANA-ID: 638 Phone: +46.852529100 Direct: +47.32260201 Mobile: +47.40410200 > On 15 Apr 2016, at 10:45, gnso-rds-pdp-data@icann.org wrote: > > Hi Benny, > > I agree that we should be considering the new General Data Protection Regulation which was adopted yesterday by the European Parliament. I would prefer to use the term, “consumer protections”, though, in place of “demands”. This document is very lengthy and I've only skim read a few sections, but it will certainly require that we adopt a new lens on any activities which are either undertaken in the EU market or which impact EU residents. > > The two relevant files are below (they are around 400 pages in total): > > http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CONSIL:ST_5418_2016_I...
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CONSIL:ST_5419_2016_I...
Best wishes, > > Ayden > > > > On Fri, Apr 15, 2016 9:32 AM, benny--- via gnso-rds-pdp-data gnso-rds-pdp-data@icann.org wrote: > Yesterday EU clubbed there new Dataprotection through so all memberstates and Iceland, Norway and Lichtenstein (EEC countries) have to follow. Guess we need have a review of the new demands which are in use as per yesterday -- Med vänliga hälsningar / Kind Regards / Med vennlig hilsen Benny Samuelsen Registry Manager - Domainexpert Nordreg AB - ICANN accredited registrar IANA-ID: 638 Phone: +46.852529100 Direct: +47.32260201 Mobile: +47.40410200 > On 15 Apr 2016, at 10:24, gnso-rds-pdp-data@icann.org wrote: > > Looked at both didn't see anything that may be useful from > > Article 29 WP 5 Recommendation 2/97 > … > > There is one paragraph I may have missed from the article below > > ICANN's public consultation on 2013 RAA Data Retention Specification Data Elements and - Legitimate Purposes for Collection and Retention (17 April 2014) > … > > Summary: > > 1. Retention of personal data originally collected for commercial purposes, and subsequently retained for law enforcement purposes, has been the subject of a recent landmark ruling by the European Court of Justice, which held Directive 2006/24/EC to be invalid, as an unjustified interference with those rights. The Court recognised that the retention of personal data might be considered appropriate for the purposes of the detection, investigation and prosecution of serious crime, but judged that the Directive 'exceeded the limits imposed by compliance with the principle of proportionality'. It is reasonable to expect requirements for retaining personal data to be subject to increasing scrutiny and legal challenges in the EU. > > It specifies that EU law was under review and was possible changing after 3/2014 where by a new General Data Protection Regulation which is designed to replace Directive 95/46/EC and be directly applicable in each of the twenty-eight EU Member States. There is therefore now a more compelling need than ever before for ICANN to apply the waiver of the retention period under the 2013 RAA Data Retention Specification uniformly to all EU Member States as requested in the 'harmonised statement' of the Working Party issued by letter of 6 June 2013. > Therefore my opinion will be that if the above had happen then there was an expectation that ICANN was going to have to abide by the new directive and ensure that these rules are abide by within the EU or EC now this doesn't not mention anything for other regions of the world like the Americas etc. but a possible argument of how the laws have changed and been implemented for organisations to follow is described above in the summary. > > Regards > > R. Padilla MSc. > > -- > Richard Padilla MSc > _______________________________________________ > gnso-rds-pdp-data mailing list > gnso-rds-pdp-data@icann.org > https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data _______________________________________________ gnso-rds-pdp-data mailing list gnso-rds-pdp-data@icann.org https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data > > > Ayden Férdeline > +44.77.8018.7421 > _______________________________________________ > gnso-rds-pdp-data mailing list > gnso-rds-pdp-data@icann.org > https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data
Forgot the link to the announcement http://www.europarl.europa.eu/news/en/news-room/20160407IPR21776/Data-protec... -- Med vänliga hälsningar / Kind Regards / Med vennlig hilsen Benny Samuelsen Registry Manager - Domainexpert Nordreg AB - ICANN accredited registrar IANA-ID: 638 Phone: +46.852529100 Direct: +47.32260201 Mobile: +47.40410200
On 15 Apr 2016, at 10:24, gnso-rds-pdp-data@icann.org wrote:
Looked at both didn't see anything that may be useful from
Article 29 WP 5 Recommendation 2/97 …
There is one paragraph I may have missed from the article below
ICANN's public consultation on 2013 RAA Data Retention Specification Data Elements and - Legitimate Purposes for Collection and Retention (17 April 2014) …
Summary:
1. Retention of personal data originally collected for commercial purposes, and subsequently retained for law enforcement purposes, has been the subject of a recent landmark ruling by the European Court of Justice, which held Directive 2006/24/EC to be invalid, as an unjustified interference with those rights. The Court recognised that the retention of personal data might be considered appropriate for the purposes of the detection, investigation and prosecution of serious crime, but judged that the Directive 'exceeded the limits imposed by compliance with the principle of proportionality'. It is reasonable to expect requirements for retaining personal data to be subject to increasing scrutiny and legal challenges in the EU.
It specifies that EU law was under review and was possible changing after 3/2014 where by a new General Data Protection Regulation which is designed to replace Directive 95/46/EC and be directly applicable in each of the twenty-eight EU Member States. There is therefore now a more compelling need than ever before for ICANN to apply the waiver of the retention period under the 2013 RAA Data Retention Specification uniformly to all EU Member States as requested in the 'harmonised statement' of the Working Party issued by letter of 6 June 2013. Therefore my opinion will be that if the above had happen then there was an expectation that ICANN was going to have to abide by the new directive and ensure that these rules are abide by within the EU or EC now this doesn't not mention anything for other regions of the world like the Americas etc. but a possible argument of how the laws have changed and been implemented for organisations to follow is described above in the summary.
Regards
R. Padilla MSc.
-- Richard Padilla MSc _______________________________________________ gnso-rds-pdp-data mailing list gnso-rds-pdp-data@icann.org https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data
Thanks Benny I will drop a summary on this as well it will be useful Regards R On Fri, 15 Apr 2016 at 04:34 benny@nordreg.se <benny@nordreg.se> wrote:
Forgot the link to the announcement
http://www.europarl.europa.eu/news/en/news-room/20160407IPR21776/Data-protec...
-- Med vänliga hälsningar / Kind Regards / Med vennlig hilsen
Benny Samuelsen Registry Manager - Domainexpert
Nordreg AB - ICANN accredited registrar IANA-ID: 638 Phone: +46.852529100 Direct: +47.32260201 Mobile: +47.40410200
On 15 Apr 2016, at 10:24, gnso-rds-pdp-data@icann.org wrote:
Looked at both didn't see anything that may be useful from
Article 29 WP 5 Recommendation 2/97 …
There is one paragraph I may have missed from the article below
ICANN's public consultation on 2013 RAA Data Retention Specification Data Elements and - Legitimate Purposes for Collection and Retention (17 April 2014) …
Summary:
1. Retention of personal data originally collected for commercial purposes, and subsequently retained for law enforcement purposes, has been the subject of a recent landmark ruling by the European Court of Justice, which held Directive 2006/24/EC to be invalid, as an unjustified interference with those rights. The Court recognised that the retention of personal data might be considered appropriate for the purposes of the detection, investigation and prosecution of serious crime, but judged that the Directive 'exceeded the limits imposed by compliance with the principle of proportionality'. It is reasonable to expect requirements for retaining personal data to be subject to increasing scrutiny and legal challenges in the EU.
It specifies that EU law was under review and was possible changing after 3/2014 where by a new General Data Protection Regulation which is designed to replace Directive 95/46/EC and be directly applicable in each of the twenty-eight EU Member States. There is therefore now a more compelling need than ever before for ICANN to apply the waiver of the retention period under the 2013 RAA Data Retention Specification uniformly to all EU Member States as requested in the 'harmonised statement' of the Working Party issued by letter of 6 June 2013. Therefore my opinion will be that if the above had happen then there was an expectation that ICANN was going to have to abide by the new directive and ensure that these rules are abide by within the EU or EC now this doesn't not mention anything for other regions of the world like the Americas etc. but a possible argument of how the laws have changed and been implemented for organisations to follow is described above in the summary.
Regards
R. Padilla MSc.
-- Richard Padilla MSc _______________________________________________ gnso-rds-pdp-data mailing list gnso-rds-pdp-data@icann.org https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-data
-- Richard Padilla MSc
participants (5)
-
Ayden Fabien Férdeline -
benny＠nordreg.se -
Holly Raiche -
Michele Neylon - Blacknight -
Richard Padilla