Dear all, Just a quick reminder that many have forgotten: - Réunion and Mayotte are part of the Afrinic service region. - There is members in both those territories that hold ressources from Afrinic (IPv4, IPv6, AS). - Both territories are French and fully belong to the EU.
I think this closes the debate whether Afrinic is or isn't bound to GDPR. Mathieu On 10/07/2019 09:51, John Walu wrote: > @ Owen > > GDPR territorial scope extends beyond Europe since its is EU citizen > specific rather than geo-specific. > > https://gdpr-info.eu/art-3-gdpr/ > > In other words, anyone (Data controller/processor) handling EU citizen > data is automatically subject to the GDPR in the event of a data > breach - irrespective of their geo-locality. > > Ofcourse the main issue will be if the affected EU citizen will > actually file a complaint in the EU Courts or not. The second issue > is whether the EU courts will find the data controller guilty and if > the fined/penalized entity will to pay up or ignore given their > remoteness to EU centers of power. (nb:Facebook and Google have so far > been paying up ;-) > > Is AfriNIC bound by GDPR? > > The simple answer is - it depends. > Do Afrinic processes and systems at any one point collect, store or > process data that contains EU citizens? > > If the answer is NO. Then they are not bound by GDPR. > If the answer is YES. Then they are potentially bound by GDPR to the > extent that if that data is abused/breached, then they potentially > face sanctions/penalties from EU courts. > > Either way, Mauritius has one of the most comprehensive Data > Protection legislation on the continent > <http://dataprotection.govmu.org/English/Legislation/Pages/default.aspx> > and any data breach can actually be litigated locally (without the > need for GDPR) with penalties to AfriNIC (if for example it is > determined that email targets/addresses were harvested from Afrinic > digital resources without consent from the data subjects). > > walu. > > On Wed, Jul 10, 2019 at 8:04 AM Owen DeLong <o...@delong.com > <mailto:o...@delong.com>> wrote: > > > > > On Jul 5, 2019, at 14:13 , JORDI PALET MARTINEZ via > Community-Discuss <community-discuss@afrinic.net > <mailto:community-discuss@afrinic.net>> wrote: > > > > Hi Alan, > > > > If the board can't investigate that, we may have a problem, > because Afrinic has to comply with GDPR. > > Why? AfriNIC is not located in the EU and does not solicit > business with EU persons. > > AfriNIC is not, by my reading, subject to the GDPR. > > Even if they were, AfriNIC did not violate GDPR here. Wafa might > have, but I don’t think she is subject to GDPR, either. Last I > looked, Tunisia was outside EU jurisdiction. > > > > I don't know if those emails come from whois or something else, > but some logs may tell. > > Why is this relevant? > > > I my opinion it will be nicer to get a response from Wafa, and > I'm sure the community will be happy to forgive her. My intent is > not to punish anyone, just to make sure that we find solutions to > possible problems and mistakes and avoid repeating them. > > I have no issue with the use of the email addresses. I think the > far more important issue here is the message sent under color of > authority which authority likely was not authorized to Wafa at the > time. > > Owen > > > > > Regards, > > Jordi > > @jordipalet > > > > > > > > El 5/7/19 10:16, "Alan Barrett" <alan.barr...@afrinic.net > <mailto:alan.barr...@afrinic.net>> escribió: > > > > > > > >> On 3 Jul 2019, at 15:50, JORDI PALET MARTINEZ via > Community-Discuss <community-discuss@afrinic.net > <mailto:community-discuss@afrinic.net>> wrote: > >> > >> I’m angrier about this as much as I think on it again. > >> > >> Can the board and the staff investigate this? > >> > >> Can all the people that got those emails confirm if they have > provided voluntarily their emails or if they have participated in > Afrinic lists, or if those emails are part of their Afrinic > contacts, in order to understand if this personal data (emails are > personal data), have been collected from Afrinic internal databases. > > > > There is no reasonable way for AFRINIC staff to investigate > whether the recipients had agreed to receive the messages sent by > Wafa Dahmani. There is also no reasonable way for staff to > investigate whether email addresses were collected from the public > WHOIS database. There is no non-public AFRINIC database that > could have been used. > > > > Regards, > > Alan Barrett > > > > > > _______________________________________________ > > Community-Discuss mailing list > > Community-Discuss@afrinic.net > <mailto:Community-Discuss@afrinic.net> > > https://lists.afrinic.net/mailman/listinfo/community-discuss > > > > > > > > > > ********************************************** > > IPv4 is over > > Are you ready for the new Internet ? > > http://www.theipv6company.com > > The IPv6 Company > > > > This electronic message contains information which may be > privileged or confidential. The information is intended to be for > the exclusive use of the individual(s) named above and further > non-explicilty authorized disclosure, copying, distribution or use > of the contents of this information, even if partially, including > attached files, is strictly prohibited and will be considered a > criminal offense. If you are not the intended recipient be aware > that any disclosure, copying, distribution or use of the contents > of this information, even if partially, including attached files, > is strictly prohibited, will be considered a criminal offense, so > you must reply to the original sender to inform about this > communication and delete it. > > > > > > > > > > _______________________________________________ > > Community-Discuss mailing list > > Community-Discuss@afrinic.net <mailto:Community-Discuss@afrinic.net> > > https://lists.afrinic.net/mailman/listinfo/community-discuss > > > _______________________________________________ > Community-Discuss mailing list > Community-Discuss@afrinic.net <mailto:Community-Discuss@afrinic.net> > https://lists.afrinic.net/mailman/listinfo/community-discuss > > > _______________________________________________ > Community-Discuss mailing list > Community-Discuss@afrinic.net > https://lists.afrinic.net/mailman/listinfo/community-discuss
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