My reasoning for using the phrase “collection, display and distribution of personal data” was as it was already part of the procedural phrasing, and I have no interest in trying to reinvent the wheel, but merely refine it into a nice circular shape that is functional. -James From: Michele Neylon - Blacknight [mailto:michele@blacknight.com] Sent: Thursday, May 07, 2015 2:40 PM To: Raymond HO; James Gannon; whois-iag-volunteers@icann.org Subject: Re: [IAG-WHOIS conflicts] Dual Trigger Proposal Raymond We need to be very careful. What we are working on here is the implementation of an agreed policy ie. How to trigger the exemption / waiver process Broadening or redefining some of this could overstep the line, though I’d defer to ICANN staff on this Regards Michele -- Mr Michele Neylon Blacknight Solutions Hosting, Colocation & Domains http://www.blacknight.host/ http://blog.blacknight.com/ http://www.blacknight.press - get our latest news & media coverage http://www.technology.ie Intl. +353 (0) 59 9183072 Direct Dial: +353 (0)59 9183090 Social: http://mneylon.social Random Stuff: http://michele.irish ------------------------------- Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty Road,Graiguecullen,Carlow,Ireland Company No.: 370845 From: Raymond HO Date: Thursday 7 May 2015 14:37 To: James Gannon, "whois-iag-volunteers@icann.org<mailto:whois-iag-volunteers@icann.org>" Subject: Re: [IAG-WHOIS conflicts] Dual Trigger Proposal Thanks, James. I read your Zero draft put together for discussion. I note that the words “collection, display and distribution of personal data” via WHOIS are used repeatedly in this draft. Given the opinions of the article 29 working party, the 2/2003 opinion, in particular, which raises, inter alia, concerns on the searchable WHOIS facilities (reverse directories), I wonder if “collection, display and distribution of personal data” via WHOIS is too narrow. Directive 95/46/EC uses the term “'processing of personal data” which means “any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction”. But we must bear in mind that at the time when the Directive was adopted in 1995 the internet had barely begun. My colleagues must wish to consider if it is appropriate to adopt this definition in our draft. Regards, Raymond From: James Gannon<mailto:james@cyberinvasion.net> Sent: Thursday, May 07, 2015 7:31 PM To: whois-iag-volunteers@icann.org<mailto:whois-iag-volunteers@icann.org> Subject: [IAG-WHOIS conflicts] Dual Trigger Proposal Hi All, In an effort to try and find a common ground, and after recognizing Steve’s input and comments on the call last night that his proposal needs not be the exclusive trigger I have tried to string together some draft language on what I am calling a Dual Trigger process. My changes have focused on step one being the trigger step, my changes to the remainder of the process have been minor, a change of ‘shall’ to ‘may’ in Section 2 to reflect the change in substance of the trigger mechanism. And the addition of Steve’s language to the Consultation period for a public comment period. Steve: I think I have faithfully reproduced your language here please let me know if I changed anything that changes the substance of your proposal. All: I would appreciate comments or input on the proposal. Please turn off tracking changes on formatting under the ‘Show Markup’ pane if you get spammed with changes related to formatting. As always my battle with Word and its method of dealing with formatting revisions continues! Please treat this as a Zero draft for discussion. James Gannon Director Cyber Invasion Ltd Dun Laoghaire, County Dublin, Ireland Office: +353 (1)663-8787 Cell: +353 (86)175-3581 Email:james@cyberinvasion.net<mailto:james@cyberinvasion.net?subject=Via:%20Email%20Signature> GPG: https://keybase.io/jayg ________________________________ _______________________________________________ Whois-iag-volunteers mailing list Whois-iag-volunteers@icann.org<mailto:Whois-iag-volunteers@icann.org> https://mm.icann.org/mailman/listinfo/whois-iag-volunteers