[db-wg] Update to RIPE Database Terms & Conditions

Hi Athina, Maria

It would be nice if one of you can give an update to the community on
this issue of the Terms & Conditions being out of step your with
current legal opinion.

cheers
denis
co-chair DB-WG

On Wed, 17 Apr 2024 at 07:36, denis walker <ripedenis at gmail.com> wrote:
>
> Colleagues
>
> In the Impact Analysis (IA) for 2023-04, the RIPE NCC legal team
> expressed rules for entering personal data into the RIPE Database that
> are quite different to our previous understanding. This legal IA was
> relied on heavily by the proposers of 2023-04 and constantly referred
> to by them during the policy discussions. Based on the discussions and
> the IA, the chairs of the AP-WG have now approved the proposal
> 2023-04. We MUST now update the RIPE Database Terms and Conditions to
> reflect this new understanding on personal data.
>
> In the IA the legal team said this:
> "Inserting any personal data in the RIPE Database must be in
> compliance with the RIPE Database Terms and Conditions, even when it
> relates to the contact details of the member’s own contact person(s).
> In particular, before anyone updates the RIPE Database with personal
> data, they must obtain the contact person’s informed and expressed
> consent and ensure this data is kept accurate and up-to-date."
>
> Article 6.3 of the RIPE Database Terms and Conditions currently says:
> "The Maintainer who enters personal data into the RIPE Database has a
> responsibility to inform the individual to whom the data pertains and
> to obtain their explicit consent for the entry in the public RIPE
> Database if required by law."
>
> This article does not accurately reflect the statement in the IA by
> the legal team. The text "if required by law." must be removed. This
> suggests that some personal data may not need the 'contact person’s
> informed and expressed consent'. The IA makes it clear that all
> personal data entered into the RIPE Database must have the 'contact
> person’s informed and expressed consent'. There are no exceptions or
> caveats to this consent. Also the responsibility must not be
> restricted to the 'Maintainer'. ANYONE has the capability to enter
> personal data into the RIPE Database. This personal data can then be
> referenced by a Maintainer of resource data.
>
> I would suggest Article 6.3 says something like this:
>
> "Anyone who updates the RIPE Database with personal data must obtain
> the contact person’s informed and expressed consent to enter their
> personal details into a global, freely accessible, public database.
> This consent cannot be subject to any conditions. If the consent is
> withdrawn, the personal data must be removed from the RIPE Database in
> a reasonable time frame. The personal data must be kept accurate and
> up-to-date. The right to use some Internet resources requires a
> consenting contact. If no such contact person is available, the right
> to use some Internet resources may be revoked."
>
> This is a clear and honest statement that fully reflects the IA
> understanding of the use of personal data in the RIPE Database. I
> would like to ask the RIPE NCC legal team to make arrangements for
> this update to the Terms and Conditions.
>
> cheers
> denis
> co-chair DB-WG
>
> ========================================================
> DISCLAIMER
> Everything I said above is my personal, professional opinion. It is
> what I believe to be honest and true to the best of my knowledge. No
> one in this industry pays me anything. I have nothing to gain or lose
> by any decision. I push for what I believe is for the good of the
> Internet, in some small way. Nothing I say is ever intended to be
> offensive or a personal attack. Even if I strongly disagree with you
> or question your motives. Politicians question each other's motives
> all the time. RIPE discussion is often as much about politics and self
> interest as it is technical. I have a style of writing that some may
> not be familiar with, others sometimes use it against me. I also have
> OCD. It makes me see the world slightly differently to others. It
> drives my mind's obsessive need for detail. I can not change the way I
> express my detailed opinions. People may choose how to interpret them.
> ========================================================