EDPD policy options

[Mueller, Milton L]

So I think we have exchanged views and have a pretty good idea of where people stand and what the issues are.
The next step is to define a position in the EPDP that all of our members can adhere to.
Let me emphasize that defining a viable position is strategic and not simply a matter of standing up for some abstract principle.

I will try to identify the set of real options below

Option 1
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Under the phase 1 agreement there is no requirement to differentiate between legal and natural persons, but Contracted Parties (CPs) can do so if they want to.  We are working on possible "guidance" for CPs who do try to differentiate.
One possibility is to leave things as they are.
No guidance. No requirement to differentiate. Let the status quo stand. CPs can do whatever they want.
Benefits: most data will probably remain redacted
Risks/problems:
 - we are already working on guidance, this may no longer be an option
- some registrars could impose differentiation on their customers
- GAC, including European Commission, IPC, BC, ALAC, SSAC will be unhappy and apparent lack of consensus could lead to board or legislative override

Option 2:
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(Stephanie's approach)
Develop Guidance, but make it non-binding
No legal or natural differentiation, focus on presence or absence of personal data
Registrant must make attestations re personal data; more difficult and costly process
CP involvement in and liability for decisions

Option 3:
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(Milton's approach)
Develop Guidance, but make it non-binding
Ask for self-designation as legal at point of registration; registrant is informed of consequences
CP can alter record only at request of Registrant
CP liability and responsibility for contents of reg records is minimized

Option 4:
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Develop guidance for differentiation and make it a requirement
Many different options under here.

This is not an exhaustive list, but it will get us started.
We need to move beyond posturing and offer specific proposals that can gain traction in the actual EPDP group.

Dr. Milton L Mueller
Georgia Institute of Technology
School of Public Policy
[IGP_logo_gold block]

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