[Community-Discuss] AFRINIC Borad Elections

[Mathieu Paonessa]

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 <owen at delong.com

> <mailto:owen at delong.com>> wrote:

>

>

>

>     > On Jul 5, 2019, at 14:13 , JORDI PALET MARTINEZ via

>     Community-Discuss <community-discuss at afrinic.net

>     <mailto:community-discuss at 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.barrett at afrinic.net

>     <mailto:alan.barrett at afrinic.net>> escribió:

>     >

>     >

>     >

>     >> On 3 Jul 2019, at 15:50, JORDI PALET MARTINEZ via

>     Community-Discuss <community-discuss at afrinic.net

>     <mailto:community-discuss at 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

>     >

>     >

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