W3C

– DRAFT –
DPVCG Meeting Call

08 SEP 2021

Attendees

Present
:, beatrizE, davidH, Georg, harsh, julianFlake, markL, paulR
Regrets
-
Chair
harsh
Scribe
harsh

Meeting minutes

Purposes taxonomy (continued review)

No glaringly obvious issues with minutes from last time

No objections or additional items from participants on this topic

Consensus on purpose additions/changes

Proposed Concepts for Data Transfers

David's email AUG-20 https://lists.w3.org/Archives/Public/public-dpvcg/2021Aug/0007.html with spreadsheet

David: (shared screen of spreadsheet) Data Exporter/Importer is used by EDPB, and therefore these should be defined in DPV

Georg: Supporting inclusion of these terms

harsh: are these concepts global (DPV) or scoped (DPV-GDPR) ?

markL: would be preferable to have this as global concepts for expressing adequacy

Georg: agree that it should be in DPV

(no disagreements on inclusion of these in DPV)

harsh: inclusion in LegalEntities similar to 'role' as DataController

harsh: How to clarify definition and scope, e.g. importer relates to extra-judicial third-country data transfer recipient

davidH: agree that this has global relevance, third countries everywhere as non-jurisdictional country

Georg: In Signatu, there is data transfer with a 'recipient country' classified on jurisdiction (in/out EU). If there is transfer outside EU/EEA, then there is separate legal basis and term data export/import

davidH: broadening the notion of third country, there is 'recipient country' which can be any country

dicussing how closely required the constraint of imported being in a third country is to the definition

consensus on removing third country, relating data importer to 'recipient country' and including DataExporter and DataImporter

Next terms - A45, A46, A49 legal bases and their relation to data transfers

Suggestion (prior discussions led by Georg) are to structure the DPV-GDPR legal bases as a hierarchy (e.g. legal bases related to consent), and use data transfer legal bases as a similar categorisation

For this, davidH has proposed adding DataTransferLegalBasis as a category of legal basis (subclass dpv:LegalBasis) within DPV

Consensus on this proposal, no objections. Term added in spreadsheet for DPV.

Note on need to restructure DPV-GDPR based on new(-ish) list of legal bases.

Further categorisations have been proposed along the lines of adequacy (A45), transfers (A46), derogations (A49).

A discussion on how to express the 'relation' and 'applicability' of legal basis for particular contexts, such as data transfers taking place in third countries without adequacy decisions, took place regarding how to express such terms and relations in DPV

Whether to include the 'rules', 'constraints', or 'applicability' as some form of taxonomy. Consensus was that at this stage it would introduce complexity, and force using a particular notion (e.g. specifying where legal bases apply)

Consensus that such explorations can take place outside the DPV and DPV-GDPR documents in a separate extension which can then be merged later depending on correctness and validity.

Next terms - TransferStartDate and TransferEndDate

As per earlier conversation in davidH email with feedback by harsh, DPV does not provide 'minor' terms for strings, dates, times, etc. because they vary in their use and application.

Instead, the 'generic properties' of hasDuration can be used (as is, or specialised) for expressing data transfer durations in terms of start and date with XSD or OWL-TIME.

Next Meeting

Discussion stopped due to end of meeting time. Next week discussion continues on terms related to transfer safeguards and supplementary measures.

We will have a presentation by Piero Bonatti on work in TRAPEZE, which utilises DPV for expressing policies and checking legal compliance, including consent.

For expressing disagreements or changes to current consensus on terms, members are welcome to submit comments by end of (this) week.

Following next week's meeting, the next iteration of DPV (v0.2.x) will be finalised and published.

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

Diagnostics

Maybe present: David