The purpose of this sub-group is simply to decide what material is relevant and useful to the working groups deliberation, and help produce summaries etc that will guide the WG through the large amount of relevant material. 

Whether or not EU principles represent international best practice or are otherwise desirable for other jurisdictions is not a helpful debate to have in this sub-group. Some ICANN registrars are within EU jurisdictions, and so must comply with those rules, so it is relevant. Thank you Ayden for identifying some material that you feel is relevant to this working groups work. 

David

On 29 Mar 2016, at 1:43 AM, Greg Shatan <gregshatanipc@gmail.com> wrote:

Ayden,

EU rulings do not necessarily impact the law in the rest of the world, much less California.  I would not categorize an attempt to embrace EU principles as a "race to the top" nor would I categorize those principles as "international best practices."  Certainly, we as a group should not adopt such attitudes.  But, hey, it's nice to know where you stand. 

  

Best regards,

Greg Shatan

 

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Gregory S. Shatan | Partner McCARTER & ENGLISH, LLP 245 Park Avenue, 27th Floor | New York, New York 10167 T: 212-609-6873 F: 212-416-7613 gshatan @mccarter.com | www.mccarter.com   BOSTON | HARTFORD | STAMFORD | NEW YORK | NEWARK  EAST BRUNSWICK | PHILADELPHIA  | WILMINGTON | WASHINGTON, DC

 

On Mon, Mar 28, 2016 at 12:01 PM, Ayden Fabien Férdeline <gnso-rds-pdp-privacy@icann.org> wrote:

Hello all, I would like to introduce some material relating to the 'right to be forgotten' in Europe. Here's a court judgement <http://curia.europa.eu/juris/document/document.jsf?text=&docid=152065&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=11654>. The protection of personal data in Europe is seen as a fundamental right on equal standing with all other human rights. The Court of Justice of the European Union has consistently held that any and all data processing must be subject to stringent proportionality assessments. It has been unsuccessfully argued that allowing users to delete their data is an affront to other fundamental rights such as free speech. The Court of Justice of the EU has consistently ruled that if and when the privacy interests of the data subject outweigh the public interest, the individual should be able to enforce his or her 'right to be forgotten'. This decision is something we should carefully consider when looking at how long we retain information for. Certainly once a domain name has expired, it would be difficult to justify under these rulings the continued storage of the sensitive personal information of registrants. I appreciate that EU rulings do not necessarily impact Californian law, but hey, why not have a race to the top and adopt international best practices in privacy law… :-) Best wishes, Ayden Férdeline On Sun, Mar 27, 2016 at 5:37 AM, David Cake via Gnso-rds-pdp-privacy <gnso-rds-pdp-privacy@icann.org> wrote: Welcome all of you to the Privacy sub-team. Thanks to all of you for volunteering.  Our task is first to collect information on privacy issues relevant to registration data. Then we will go on to decide how best to present that information for use of the working group - we may consolidate, summarise, prioritise etc in order to make the important information easily available. Hopefully the privacy experts on this group will help us locate the most important material, and make it easily digestible to the broader working group.  This is a link to the RDS PDP WG document that describes the approach the WG agreed upon  https://community.icann.org/download/attachments/58730879/RDS-PDP-Proposed-Summary-Approach.pdf  At this early stage, we are in collection mode - please send documents that you think will be valuable to the group. If you add a bit more information for context as to why you think it would be useful, that will probably be very helpful for later work.  Looking forward to working with you all.  David _______________________________________________ Gnso-rds-pdp-privacy mailing list Gnso-rds-pdp-privacy@icann.org https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-privacy Ayden Férdeline +44.77.8018.7421

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