[db-wg] Fwd: Geofeed purpose

Hi Denis, all,

To recap the discussion on this topic: after it was first suggested to 
introduce geofeed as a new attribute in the RIPE Database, we raised 
some legal concerns related to its implementation and suggested that 
technical restrictions are required to minimise the associated legal 
risks. The main concerns arose because providing geolocation 
information, including geolocation information that might contain 
personal data, is not covered under the current purposes of the RIPE 
Database.

 From the discussion on the RIPE Database Working Group mailing list 
prior to RIPE 85, various feedback was provided on the use of 
geolocation information and the reasons for which this is useful for 
network and content operators. At the RIPE 85 Database Working Group 
session, the Working Group chairs declared there was consensus that 
geolocation is a purpose the RIPE Database has to fulfil. They also 
asked for input on the process to follow for amending the current RIPE 
Database Terms and Conditions and working on a draft purpose. A draft 
purpose has now been suggested, along with the question of whether this 
addresses all legal concerns and if we can go ahead with the 
implementation of the geofeed attribute.

Having established that geolocation is a purpose and looking at the 
proposed text, our advice is to make this more explicit and explain why 
personal data may be processed for the purpose of geolocation. We will 
work on updating the RIPE Database Terms and Conditions in order to 
specify this. In line with the Adoption Process for RIPE NCC Corporate 
Documents 
<https://www.ripe.net/about-us/legal/corporate-governance/adoption-process-for-ripe-ncc-corporate-documents>, 
the proposed amendments will have to be approved by the RIPE NCC 
Executive Board.

On the implementation side, we will discuss internally how we can make 
it explicit when adding a geofeed attribute that the privacy of the 
users of the related resources is respected. This is necessary because, 
as mentioned in our previous replies, although the RIPE NCC is not the 
party inserting the data in the csv file, legally we are co-responsible 
for the information inserted in the RIPE Database (even if it is not 
hosted there directly). As with all the other personal data in the RIPE 
Database, the party that enters it has the responsibility to inform the 
individual to whom the data pertains and to obtain their explicit 
consent before entering it (Art. 6.3 RIPE Database Terms and Conditions).

Kind regards,

Maria Stafyla
Senior Legal Counsel
RIPE NCC

On 25/04/2023 11:25, Maria Stafyla wrote:
> Hi Denis, all
>
> This is to confirm that we are already working on our analysis and we 
> will get back to you as soon as possible.
>
> Kind regards,
>
> Maria Stafyla
> Senior Legal Counsel
> RIPE NCC
>
> On 13/04/2023 12:29, denis walker wrote:
>> Colleagues
>>
>> A question for the legal team at the RIPE NCC. Would a simple purpose,
>> as suggested below, address all the concerns you had about the use of
>> the "geofeed:" attribute and allow you to remove any restrictions you
>> felt were necessary when it was introduced?
>>
>> cheers
>> denis
>> co-chair DB-WG
>>
>>
>> ---------- Forwarded message ---------
>> From: denis walker <ripedenis at gmail.com>
>> Date: Tue, 11 Apr 2023 at 10:41
>> Subject: Geofeed purpose
>> To: Database WG <db-wg at ripe.net>
>>
>>
>> Colleagues
>>
>> The conversation on deploying geofeed died shortly after RIPE 85. The
>> last comment was from myself asking if anyone was willing to propose
>> some wording for a new purpose covering the use of the RIPE Database
>> for geolocation information. No one proposed any wording. So below I
>> have made a proposal for a new purpose. Your comments are appreciated.
>>
>> cheers
>> denis
>> co-chair DB-WG
>>
>>
>> The RIPE Database contains information for the following purposes:
>>
>>      Ensuring the uniqueness of Internet number resource usage through
>> registration of information related to the resources and Registrants
>>      Publishing routing policies by network operators (IRR)
>>      Facilitating coordination between network operators (network
>> problem resolution, outage notification etc.)
>>      Provisioning of Reverse Domain Name System (DNS) and ENUM 
>> delegations
>>      Providing information about the Registrant and Maintainer of
>> Internet number resources when the resources are suspected of being
>> used for unlawful activities, to parties who are authorised under the
>> law to receive such information.
>>      Scientific research into network operations and topology
>>      Providing information to parties involved in disputes over
>> Internet number resource registrations to parties who are authorised
>> under the law to receive such information.
>>
>>
>> Providing information about the geolocation usage of Internet number 
>> resources.
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