[db-wg] NWI-13 Geofeed Legal Analysis

Hi Maria

There has been quite a discussion in the last 24 hours from various angles
about interpretation of terminology and purposes and context. Perhaps this
is a good moment to pause and allow the legal team to review the discussion
and see if anything that has been said affects your analysis.

Cheers
denis
Co-chair DB-WG


On Thu, 28 Jul 2022, 13:33 Maria Stafyla via db-wg, <db-wg at ripe.net> wrote:

> 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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