14,952
edits
Changes
Jump to navigation
Jump to search
Line 12:
Line 12: − + + + + + + + +
Personal Information Protection Law (view source)
Revision as of 18:30, 10 August 2022
, 2 years ago→ICANN's POV
==ICANN's POV==
==ICANN's POV==
[[ICANN Organization]] released a blog post on the PIPL and briefly discussed it at [[ICANN 74]] in the [[Engagement#GE|Geopolitical, Legislative, and Regulatory Developments]] session during a segment called "Beyond GDPR."<ref>[https://74.schedule.icann.org/ ICANN 74 Agenda]</ref>
On October 21, 2021, [[ICANN]] alerted the community that PIPL would soon be implemented. Then on June 27, 2022, [[ICANN Organization]] released an advisory on the law.
Following the law, ICANN's [[Contractual Compliance]] began receiving complaints in which [[registrar]]s assert that the PIPL is being used as a basis for denying requests from third parties for access to nonpublic gTLD registration data.<ref>[https://www.icann.org/resources/pages/advisory-chinese-privacy-law-impact-registration-data-disclosure-2022-06-27-en Chinese Privacy Law Impacts Registration Data Disclosure, ICANN Resourses]</ref>
In the advisory, ICANN explains that
* Like GDPR, PIPL specifies legal bases for processing personal data, including transfers of personal data to third parties. However, PIPL does not contain the "legitimate interest" purpose that GDPR Article 6(1)f) provides.
* Under the PIPL, the legal basis for processing [[gTLD Registration Data]] is consent, which must be specific and informed and requires notification to the individual of "the recipient's name and contact information, the purposes and means of processing and the categories of personal information to be processed…" (PIPL Article 23).
* There are few and very narrow legal bases for processing personal data within PIPL beyond consent. Thus, contracted parties are likely to require separate and informed consent from each data subject before it can disclose nonpublic personal data to a third party.<ref>[https://www.icann.org/resources/pages/advisory-chinese-privacy-law-impact-registration-data-disclosure-2022-06-27-en Chinese Privacy Law Impacts Registration Data Disclosure, ICANN Resourses]</ref>
[[Mandy Carver]] also briefly discussed it at [[ICANN 74]] in the [[Engagement#GE|Geopolitical, Legislative, and Regulatory Developments]] session during a segment called "Beyond GDPR," directing the community to refer to the advisory.<ref>[https://74.schedule.icann.org/ ICANN 74 Agenda]</ref>
==References==
==References==