W3C

– DRAFT –
DPVCG Meeting Call

12 JAN 2022

Attendees

Present
beatriz, georg, harsh, julian, paul
Regrets
-
Chair
harsh
Scribe
harsh

Meeting minutes

Jurisdictions

Modelling Jurisdiction / Laws as DPV extension https://lists.w3.org/Archives/Public/public-dpvcg/2022Jan/0002.html

Previous minutes https://www.w3.org/2022/01/05-dpvcg-minutes.html

Instead of /Jurisdiction/ as a concept, we consider /Location/ to be a /Jurisdiction/ based on the view that jurisdictions are essentially locations with a government or law.

Concepts for `Location` accepted for addition - `Location` class as parent class of all concepts with `hasLocation` concept to associate a location.

`Location` is useful in places other than jurisdiction, e.g. StorageLocation to indicate where data is stored, and Controller's location to indicate where the controller is based.

Since /Country/ is a special form of location and relevant when deciding which laws apply and subsequent investigations, we provide categorisation of /Location/ based on countries and similar concepts.

For this we have concepts accepted - `Country` (e.g. France), `SupraNationalUnion` (e.g. European Union), `EconomicUnion` (e.g. EEA), and `Region` (e.g. California).

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The property `hasAuthority` is accepted to associate the existing concept of `Authority` with some context, e.g. `<Location> hasAuthority <Authority>`.

Using the above concepts, we can create a list of countries (and EU), indicate their authorities (e.g. DPAs).

To represent /Law/, the concept `Law` is provided so that specific use-cases can refer to GDPR as a law and state it is applicable.

For this, the property `hasApplicableLaw` is provided to indicate that the law applies or is adhered to.

Similarly, to indicate a jurisdiction applies or is operated in, the property `hasJurisdiction` is provided.

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There was a discussion on what should be the appropriate wording and interpretation of concepts related to jurisdictions and law.

Proposals were `hasApplicableJurisdiction` and `hasRelevantJurisdiction` which were not accepted due to being confusing as to applicability based on use-case and the probability of them being misused.

For now, DPV can provide the generic `hasJurisdiction` property and its use can specify the interpretation.

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`<Controller> hasJurisdiction <Location>` can indicate the controller acknowledges some location as its jurisdiction (of preference or choice).

This is in contrast to `<Controll> hasLocation <Location>` which only indicates the controller is located at some place(s), and which could in theory be used to determine jurisdictional concepts such as lead DPA.

`<PersonalDataHandling> hasJurisdiction <EU>` similarly indicates that some processing activities or policy is operating within or applied to EU as the stated jurisdiction.

`<PersonalDataHandling> hasApplicableLaw <GDPR>` provides an analogous way to specify that a law applies instead of stating the jurisdiction.

`<EU> hasApplicableLaw <GDPR>` can be provided in an extension to support inferences of the above two statements from each other.

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For now these concepts are considered as being accepted.

To indicate an objection or raise an issue, members are invited to email to the mailing list with their argument.

In the next meeting, we will consider such issues, if any, and finalise these concepts.

Next Meeting

We will meet next week in the usual time slot.

WED JAN-19 13:00 WET / 14:00 CET

Minutes manually created (not a transcript), formatted by scribe.perl version 185 (Thu Dec 2 18:51:55 2021 UTC).