[NCSG-PC] Sensitive data - GDPR Article 9

Tue Jul 10 18:45:21 EEST 2018

Hi Rafik, Stephanie, Ayden, Martin, Tatiana, Arsene and All,
I'm worried about the absence in the EPDP draft of "sensitive data." 
Sensitive data is the part of the GDPR that protects data of those 
engaged in political, religious, racial, ethnic, LGBQT activities. It's 
a section of the GDPR designed created to protect people who express 
minority views -- the very type of organizations who are often members 
of NCSG.

Because GDPR Article 9 protects "sensitive data," and organizations 
(which are often "legal entities"), it should be to be expressly called 
out in EDPD draft, e.g., as "personal /and sensitive /data." The 
protections GDPR Article 9 also fundamentally implicated in the calculus 
of disclosure, e.g., when “access to registration data based on 
legitimate interests" [is or is] "not outweighed by the fundamental 
rights of relevant data subjects." /https://gdpr-info.eu/art-9-gdpr//

I've written a short memo (attached) for you on this topic - with 
guidance from Council of Europe's Data Protection Unit. Who else on 
Council should I circulate it to? Good luck with the negotiations!
Best,
Kathy

On 7/10/2018 1:34 AM, Rafik Dammak wrote:
> Hi,
>
> thanks, Stephanie for sharing this draft.
> indeed all those gating questions are of concerns and will impact the 
> EPDP progress. Adding the accredited access model to the EPDP defacto 
> make it longer than planned even if the team delivers the first final 
> report for the temporary spec part. That goes beyond the planned 6 
> months and I don't think it is doable or can be acceptable to have an 
> intense team like the envisioned EPDP to be asked to figure out the 
> access model too. I don't know if the same volunteers or participants 
> have the same background and knowledge on the 2 different issues.
> that should be treated by a separate team while we can argue about the 
> gating questions and which can be treated by the EPDP team. We can 
> suggest that the staggered phase can be started with some conditions 
> TBD and not automatically. those questions and responses can be 
> approved separately from the rest of other recommendations in the 1st 
> final report.
>
> Best,
>
> Rafik
>
> Le mar. 10 juil. 2018 à 05:38, Stephanie Perrin 
> <stephanie.perrin at mail.utoronto.ca 
> <mailto:stephanie.perrin at mail.utoronto.ca>> a écrit :
>
>     I am not very happy with the "small team" efforts. My comments are
>     being ignored (surprise surprise) and the BC/IPC is being
>     permitted to do back room drafting with staff, after coming in at
>     the last minute (7 minutes to our meeting time) with new
>     language.  I wanted that paragraph thrown out wholesale....
>
>     And the questions are not all legit, and if the answers to the
>     gating questions are not approved by the community, no matter, we
>     go on regardless.
>
>     please take a minute to think about this mess, we are being driven
>     by artificial deadlines to finish and agree.
>
>     steph
>
>
>
>
>     -------- Forwarded Message --------
>     Subject: 	Updated scope section document + notes from today's EPDP
>     scope call
>     Date: 	Mon, 9 Jul 2018 20:08:28 +0000
>     From: 	Caitlin Tubergen <caitlin.tubergen at icann.org>
>     <mailto:caitlin.tubergen at icann.org>
>     To: 	Drazek, Keith <kdrazek at verisign.com>
>     <mailto:kdrazek at verisign.com>, Susan Kawaguchi
>     <susankpolicy at gmail.com> <mailto:susankpolicy at gmail.com>,
>     stephanie.perrin at mail.utoronto.ca
>     <mailto:stephanie.perrin at mail.utoronto.ca>
>     <stephanie.perrin at mail.utoronto.ca>
>     <mailto:stephanie.perrin at mail.utoronto.ca>, Donna Austin
>     <donna.austin at team.neustar> <mailto:donna.austin at team.neustar>,
>     rafik.dammak at gmail.com <mailto:rafik.dammak at gmail.com>
>     <rafik.dammak at gmail.com> <mailto:rafik.dammak at gmail.com>, Heather
>     Forrest <haforrestesq at gmail.com> <mailto:haforrestesq at gmail.com>,
>     gnso-secs at icann.org <mailto:gnso-secs at icann.org>
>     <gnso-secs at icann.org> <mailto:gnso-secs at icann.org>, Paul McGrady
>     (Google Docs)
>     <d+MTE3MzIyNzA1MjYyOTU3ODM2OTY2-MTE1MTM1NDA5ODg5NTEyMTUyMzA5 at docs.google.com>
>     <mailto:d+MTE3MzIyNzA1MjYyOTU3ODM2OTY2-MTE1MTM1NDA5ODg5NTEyMTUyMzA5 at docs.google.com>,
>     Marika Konings <marika.konings at icann.org>
>     <mailto:marika.konings at icann.org>
>
>
>
>     Hi Team,
>
>     Following our call today, Donna and I have been working on the
>     Google Doc from this morning’s EPDP Scope call.
>
>     Here are the changes we made:
>
>      1. Based on the comments from Paul and others regarding the
>         difficulty of tracking comments in Google docs to the text, I
>         inserted proposed text into the body of the document where the
>         commenter is proposing it should go.  All proposed text is
>         denoted by /italics and highlighted in yellow/ for ease of
>         reference.  I’m hoping that will make it easier to discuss on
>         the call by zeroing in on highlighted text.
>      2. I have removed references to phases and inserted references to
>         gating questions. This text has been highlighted in yellow to
>         note that it has been changed.
>      3. Proposed gating questions have their numbering highlighted in
>         green. There may be other gating questions, but I highlighted
>         the originally-proposed gating questions as a starting point.
>      4. Donna and I added some comments on what the group appeared to
>         converge on during today’s call.
>      5. Lastly, I attached the notes from today’s call in case you
>         find these helpful as you’re going through the document.
>
>     Here is the link to the Google Doc:
>     https://docs.google.com/document/d/1TlcnfYuRhrCKVB28Rvb_ra6mCIWvjUDnJyJhSjbG5_Q/edit
>
>     Thank you, and please let me know if there is anything I can do to
>     assist in your review of the document.
>
>     Kind regards,
>
>
>     Caitlin
>
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