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Re: Taxonomy of legal 6bases

From: Rigo Wenning <rigo@w3.org>
Date: Thu, 04 Apr 2019 09:53:15 +0200
To: Bud Bruegger <uld613@datenschutzzentrum.de>
Cc: public-dpvcg@w3.org, "Harshvardhan J. Pandit" <me@harshp.com>
Message-ID: <5383009.04mvSTQf5H@montaigne>
On Donnerstag, 4. April 2019 09:48:33 CEST Bud Bruegger wrote:
> Hi Rigo,
> 
> I'm very much afraid of creating a parallel universe to the GDPR with
> "human readable names" for legal basis and own descriptions that can
> then be "understood" by readers without reading the GDPR or consulting
> lawyers.
> 
> Two examples where this may cause problems are "regular consent" and
> "explicit consent" that are definitely defined very differently in the
> GDPR compared to how people would understand that normally...
> 
> Therefore my current instinct is to use art/paragraph/letter as name and
> the exact text of the GDPR as description.
> 
> What is your opinion on this?

I'm fine with this as long as the fragment cited has a URI in the ELI format. 
I share your concerns, but we may also coin terms for the future. But I agree, 
we have to be very careful not to contradict the evolution in the lawyer 
community.

:)

 --Rigo
> 
> thanks
> -b
> 
> Am 04.04.2019 um 09:33 schrieb Rigo Wenning:
> > On Mittwoch, 3. April 2019 17:00:12 CEST Harshvardhan J. Pandit wrote:
> >> I agree that legal references follow the particular format (based on
> >> Article-Para...), however my argument was for a more "human-readable" or
> >> "layman-friendly" name such as consent or legitimate interest with a
> >> reference to its 'source' or 'definition' provided by the
> >> Article-Para... reference.
> > 
> > You can do that additionally. But please please also provide a URI for the
> > legal text you cite. Note that there is a protocol for doing so IMHO
> > within
> > the ECLI/ELI - system
> > 
> > GDPR has ELI
> > http://data.europa.eu/eli/reg/2016/679/oj
> > 
> > Note that the ELI system has not yet designed fragment identifiers that
> > would allow to reference a part of an article and paragraph.
> > 
> > We could invent one and just ask the publications office and the ELI WG
> > how
> > they imagine doing it.
> > 
> > In our case, referring to could would say:
> > 
> > http://data.europa.eu/eli/reg/2016/679/oj#9-1-h
> > 
> >   --Rigo
Received on Thursday, 4 April 2019 07:53:18 UTC

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