[db-wg] Publishing Deleted Objects - Legal Analysis

Dear colleagues,

In response to the question raised on the Database WG mailing list,
“…whether there would be legal restrictions or considerations with
regards to publishing information about deleted objects or the deleted
objects themselves”, please find below a preliminary analysis from a
legal perspective.

The RIPE Database contains a variety of types of data. A distinction
should be made between database objects that contain personal data (i.e.
person and role objects) and those that do not (i.e. inetnum, inet6num,
autnum, etc.).

For database objects containing personal data, the Personal Data
Protection Act in the Netherlands applies. More specifically, according
to the Act personal data may be collected for specific, explicitly
defined and legitimate purposes. Once collected, this data must not be
kept for any longer than is necessary to achieve the purpose for which
it has been collected.

In consultation with the RIPE community, the RIPE Data Protection Task
Force identified the reason why personal data should be inserted into,
and made publicly available through, the RIPE Database. The reason the
Internet community initially requested that this data be made publicly
available was for Internet operation purposes. Internet network
operators should have each other’s contact details (which is considered
to be personal data by the Act) in order to facilitate communication
among the individuals responsible for networks in case of operational
problems in the network (troubleshooting, abuse, etc.).

Accordingly, the RIPE Database contains the contact details of
individuals that are responsible for resolving operational problems in a
network. However, if an individual no longer has this responsibility,
this individual’s contact details must be deleted from the RIPE Database.

If the RIPE community wishes to have access to contact details of
individuals that were responsible for resolving operational problems in
the past, then the RIPE community must have a specific, explicitly
defined and legitimate purpose for it. If such a purpose is defined, the
RIPE NCC will proceed with investigating the conditions under which this
feature can be implemented in compliance with the Act. Implementation of
this feature may include prior consent of these individuals.

For more information about the implementation of this legislation in the
RIPE Database and related services, please see the RIPE NCC Data
Protection Report [1].

For database objects that do not contain personal data, there are no
restrictions in terms of personal data protection. If the RIPE Community
wishes the RIPE NCC to include the feature for publishing the history of
deleted objects in the RIPE Database, the RIPE NCC will proceed with the
implementation of this feature. As part of this process the RIPE NCC
will need to investigate and possibly update its procedures and
governance documents to ensure compliance with its legal obligations.
Updating the relevant governance documents is subject to the RIPE NCC
procedural document “Adoption Process for RIPE NCC Corporate Documents”
[2].


Kind regards,

Athina Fragkouli
Legal Counsel
RIPE NCC




[1] https://www.ripe.net/about-us/legal/ripe-ncc-data-protection-report
[2]
https://www.ripe.net/about-us/corporate-governance/adoption-process-for-ripe-ncc-corporate-documents