[db-wg] NWI-13 Geofeed Legal Analysis

Dear colleagues,

Following the legal update we provided on NWI-13: Geofeed at the DB WG 
session at RIPE 84, here is our analysis in case further discussion on 
this topic is needed.

Executive Summary:

-The RIPE Database is meant to contain specific information for its 
documented purposes.

-Information inserted in the geofeed attribute could in some cases 
qualify as personal data.

-The current purposes could explain geolocation information to be 
inserted only for ‘scientific research into network operations and 
topology’.

-This purpose does not justify the processing of personal data; 
therefore restrictions had to be put in place to avoid the processing of 
unnecessary personal data.

-The restrictions are now implemented based on the status of the 
registration.

-If the purposes of the RIPE Database have changed in the meantime, this 
should be established via the community processes and documented. In 
that case we will re-evaluate the situation and the need for 
restrictions. Until then, the restrictions remain necessary.


Legal Analysis:

The RIPE Database is meant to contain specific information for the 
purposes that are defined in the RIPE Database Terms and Conditions.

In terms of the _personal data_ inserted in there, the purpose that 
justifies its publication is to facilitate the coordination of network 
operations for the smooth and uninterrupted operation of Internet; this 
purpose explains why contact details of resource holders or their 
appointed contact persons are required.

Before any new type of personal data is permitted to be inserted in the 
RIPE Database, we must evaluate if their processing is required for the 
purposes already defined and their processing can be considered in line 
with the basic personal data processing principles.

Although it is the responsibility of the party inserting personal data 
to ensure that they have the appropriate legal grounds before doing so, 
the RIPE NCC has also shared responsibilities with regards to the 
personal data in the RIPE Database. This is because the RIPE NCC is the 
party that is making the RIPE Database available and implements the 
instructions given by the RIPE community.

As mentioned in the Legal Review Impact Analysis, if the geofeed 
attribute is inserted for registrations of assignments that are 
reasonably assumed to be related to one individual user, then the 
attribute will be considered as containing personal data and GDPR will 
apply. This is why we have proposed to implement restrictions.

These restrictions are essential to avoid any processing of personal 
data that is not required or necessary for the *currently defined* 
purposes of the RIPE Database and to limit the RIPE NCC's liability as a 
party with shared responsibilities in relation to the personal data 
inserted in the RIPE Database.

Regarding the _(non-personal) data _inserted in the RIPE Database, it is 
also paramount that only data that is needed for the defined purposes of 
the RIPE Database is inserted.

According to the RIPE Database Terms and Conditions, introducing the 
geofeed attribute (with restrictions) would be considered in line and 
acceptable to be used only for scientific research into network 
operations and topology (see Art. 3).

We also understand that the purposes the RIPE Database must fulfil are 
not static but evolve over time.

The RIPE Database Requirements Task Force has recently concluded its 
work and, with regard to geolocation, it has established that, although 
there is an active user group for geolocation data, geolocation itself 
is not an objective that the RIPE Database should fulfil.

If the community's interests have changed since then and it is now 
agreed that geolocation is one of the purposes the RIPE Database must 
fulfil, this should be decided via the community's processes and 
reflected in the RIPE Database Terms and Conditions.

In line with the data management principles proposed by the RIPE 
Database Requirements Task Force, it would be prudent to approach this 
issue holistically, taking into account that other geolocation 
information is already provided in the RIPE Database (i.e. geoloc, 
country code attributes in ORG and resource objects).

On the basis of a new purpose for the geolocation information, we could 
then reassess the situation to understand whether the restrictions on 
the geofeed attribute are still necessary or whether it is justified to 
process personal data for this purpose.

Kind regards,

Maria Stafyla
Senior Legal Counsel
RIPE NCC
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