W3C

– DRAFT –
DPVCG Meeting Call 2021-07-07

07 JUL 2021

Attendees

Present
beatrizE, davidH, harsh, markL, paulR, ranaS
Regrets
georgK
Chair
harsh
Scribe
harsh

Meeting minutes

Ageda: https://lists.w3.org/Archives/Public/public-dpvcg/2021Jul/0000.html

Where do Safeguards, Adequacy Decisions, Transfer mechanisms, etc. fit into DPV?

paulR: as a DPO, these concepts sit aside other considerations and obligations when defining/representing information about personal data handling

davidH: for SCCs, they refer to data exporter and importer as concepts, which may be controllers or processors - so these have to be fit in with DPV

davidH: three ways to 'legitimise transfers' - derogations under 49, safeguards under 46, or adequacy decision under 45

davidH: EDPB uses the term 'transfer tools' instead of 'safeguards' to refer to these measures

https://edpb.europa.eu/our-work-tools/our-documents/recommendations/recommendations-012020-measures-supplement-transfer_en Recommendations 01/2020 on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data

markL: what is the relationship between data importer/exporter and controllers/processors

davidH: (shared screen) items in Art. 45, 46, and 49

proposal - do we model something like `hasTransferTool` and let it point at organisational measures?

example - controller may have server in EU and outside-EU, and transferring data between the two does not need legal basis from Art.6 and 9, but only from 45, 46, and 49

proposal - we use 45 and 49 as legal basis, and 46 is also used as legal basis with corresponding concepts in tech & org measures

we need to model concepts from here regardless of concepts used as legal bases; for example code of conduct and certification mechanisms - which exist in tech & org measures; and BCRs, SCCs, adequacy decisions which don't exist as concepts

Consensus on today's meeting

markL: consensus on legal bases for transfer, not to be confused between Art. 6 and Art. 9 legal bases

paulR: art.45 and art.49 as legal bases, and art.46 in tech & org measures

davidH: cautious about art.46; legal bases must include 45, 46, and 49

markL: reservations about these as they are only technical measures

Next meeting

We meet next week, JUL-14 13:00 WEST / 14:00 CEST

We will discuss purpose vocabulary refinement

Refer to https://github.com/w3c/dpv/issues/22 for feedback, comments, and proposals

Minutes manually created (not a transcript), formatted by scribe.perl version 136 (Thu May 27 13:50:24 2021 UTC).

Diagnostics

Maybe present: Ageda