On 10 Oct 2018, at 10:23, ROBINOT Stephane DCPJ SDLC wrote:
@Niall : i understand your point and clearly this is not an easy topic when it comes to define what is personal data.
It seems to me that the part that is not easy is not the definition itself, since we can look to GDPR/RGPD/DSGVO for that. The difficult part is the burden of care which GDPR (or even common decency) requires. It's difficult for everyone (private or corporate persons and LEAs or other state actors alike) to be meticulous enough. The trouble with special pleading for LEAs is that the distinction between "brave policier" and "salaud de keuf" is not an easy topic either. I think the way forward has to be based, in principle, on respect for due process and, in practice, on streamlining procedures for mutual assistance between LEAs. How the data held by the RIPE NCC is involved in this is not immediately evident to me.
But here is my question : If, to you, the legal adress is a personal data, are you also thinking the same way about the telephone number which is so far kept for registrar abuse contact phone ?
Speaking about sole trader, if i understand well your point and go beyond, the name by itself might also be considerated as a personal data as it is also a way to identify the person.
Depending on the circumstances, almost any identifier can turn out to be a personally identifying item of data, either on careful immediate analysis or following some future change in legislation or jurisprudence.
To me, legal adress is just a way to be assured that the official request are sent to the correct place
I think Nick Hilliard addressed this point already. Best regards, Niall O'Reilly