Re: [dp-tf] Authorization to publish personal data in the DB (wasRe: [dp-tf] Quadlogy of person proposals)

["Manfredo Miserocchi" <]

Janos,

> Dear all,
> 
> > As long as there is no unified european law governing this, the RIPE
> > NCC and all contracts it makes are by default governed by dutch law.
> 
> This is my understanding as well. If we look at the problem from
> the RIPE NCC's point of view (and this is what we are doing now,
> and should be doing),

Agreed

 then we have to make sure the RIPE NCC complies
> with the Dutch data protection law.

Quite Correct. We have to make sure RIPE NCC complies with EU and Dutch
data protection law, regarding at the more restrictive one.


> 
> If we look at the problem from the maintainer's point of view
> (e.g. a LIR), then they have to make sure they act in accordance with
> any contract/agreement they have with the RIPE NCC, AND in accordance
> with all legal requirements of the country they act in.
> In other words, if Russian law requires a _written_ consent to
> publish personal data, the Russian LIR will have to make sure
> they have such a document from their client, but it is not
> RIPE NCC's task to enforce this.

Agreed.

> 
> > So, in order to follow Larissa's argument, the RIPE NCC would have to
> > create special/different contracts for contractors from different
> > countries, if the parties need the contract to be governed by that
> > country's laws.
> 
> I do not think this should be done, for the reason above.

Absolutely not.

Cheers
Manfredo


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