Thanks for the quick feedback Steve. I encourage Lisa and Susan to respond but also inserted some responses of my own. Chuck From: gnso-rds-pdp-wg-bounces@icann.org [mailto:gnso-rds-pdp-wg-bounces@icann.org] On Behalf Of Metalitz, Steven Sent: Monday, March 06, 2017 5:38 PM To: 'Lisa Phifer' <lisa@corecom.com>; RDS PDP WG <gnso-rds-pdp-wg@icann.org> Subject: [EXTERNAL] Re: [gnso-rds-pdp-wg] Questions for Data Commissioners Thanks Lisa. A few quick reactions: (1) As several members of the WG have repeatedly reminded us in this and other ICANN contexts, some/many/most national data protection authorities within the EU do not/will not/would rather not render advisory opinions. I understand that in fact there will be few if any participants in either of these sessions whose job is actually to enforce a specific national data protection law. Even so, questions asking for legal conclusions about violation of data protection laws (or of the GDPR, which has not yet come into force) in specific circumstances may not be the most constructive way to proceed. I especially marked the last sentence of Q.3 as a good candidate for deletion. [Gomes, Chuck] Am I correct that you are suggesting that just the last question in Q.3 be deleted, i.e., "If so, would entities that collect and process this data be considered in violation of the Directive and the GDPR?" Regardless, please be ready to repeat this suggestion in our WG call tomorrow so we can see if the WG supports the deletion. (2) The first sentence of Q. 4 seems a bit garbled. In the second and third sentences, should the references to "registrars" be changed to "registrants"? (I did not know there was any issue to requiring registrars to make their contact information publicly available, though not necessarily in the RDS itself.) [Gomes, Chuck] I will let Susan & Lisa respond to this, hopefully before the WG call so that any edits made can be reviewed by the WG in our meeting. (3) Obviously there are more questions here than are likely to be addressed in either the Monday or Wednesday sessions so will there be any effort to prioritize them? [Gomes, Chuck] They fully realize that there are likely more questions than can be covered, especially if their answers are lengthy. My hope is that some of the questions will be discussed in the cross community session on Monday and that we can then just discuss the remaining questions on Wednesday. Even then, there may be too many so if you have any suggestions regarding priority please communicate them. I will let Susan & Lisa respond regarding whether they discussed priorities. Thanks and I hope these thoughts are still timely. Steve Metalitz Steven J. Metalitz | Partner, through his professional corporation T: 202.355.7902 | met@msk.com Mitchell Silberberg & Knupp LLP | www.msk.com 1818 N Street NW, 8th Floor, Washington, DC 20036 THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND AS SUCH IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT AN INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, USE, DISSEMINATION, FORWARDING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY BY REPLY E-MAIL OR TELEPHONE, AND DELETE THE ORIGINAL MESSAGE AND ALL ATTACHMENTS FROM YOUR SYSTEM. THANK YOU. From: gnso-rds-pdp-wg-bounces@icann.org [mailto:gnso-rds-pdp-wg-bounces@icann.org] On Behalf Of Lisa Phifer Sent: Monday, March 06, 2017 4:36 PM To: RDS PDP WG Subject: [gnso-rds-pdp-wg] Questions for Data Commissioners Dear all, A proposed final version of this WG's questions for data commissioners is attached and also posted on our wiki: * RDSPDP-QuestionsForDataCommissioners-v8clean.pdf and * RDSPDP-QuestionsForDataCommissioners-v8markup.docx Thanks to all who contributed questions and feedback to this list of questions. Please refer to the v8markup document to see how feedback was incorporated to produce the v8clean PDF. Once finalized during this week's WG call, a clean final list will be transmitted by Chuck to the moderator of the cross-community session: Monday 13 March 3:15-4:45pm CET (http://sched.co/9nnl) That list will also be provided to invited speakers for our Wednesday F2F session: Wednesday 15 March 1:45-3:00pm CET (http://sched.co/9npc) Best regards, Lisa
