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 <[email protected]> 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. > ======================================================== -- To unsubscribe from this mailing list, get a password reminder, or change your subscription options, please visit: https://lists.ripe.net/mailman/listinfo/db-wg
