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Re: [Sks-devel] keyserver.pramberger.at terminating
From: |
Joseph Oreste Bruni |
Subject: |
Re: [Sks-devel] keyserver.pramberger.at terminating |
Date: |
Wed, 8 Sep 2010 16:12:07 -0700 |
On Sep 8, 2010, at 2:07 PM, Phil Pennock wrote:
> On 2010-09-08 at 11:56 -0600, Ryan wrote:
>> Weather or not its in the database, if the user causing these issues
>> cant retrieve that info from Peter's server I would think that would
>> satisfy him enough to prevent a legal injunction against Peter and his
>> key server.
>
> No. EU data protection laws typically (eg, in Britain) state that data
> about a person belongs to that person and if you hold the data, you're
> required to provide it upon reasonable request to that person (charging
> a small processing fee is allowed) and IIRC you're required to delete it
> if it's inaccurate.
>
> Holding onto the data but not serving it is a violation of a takedown
> notice and something that should only be considered after discussion
> with expensive lawyers.
>
> Peter has my sympathy for the situation he's in.
>
According to the US Safe Harbor principles, which are designed to mirror the EU
Directive, the access principal reads as follows:
"Individuals must have access to personal information about them that an
organization holds and be able to correct, amend or delete that information
where it is inaccurate, except where the burden or expense of providing access
would be disproportionate to the risks to the individual's privacy in the case
in question, or where the legitimate rights of persons other than the
individual would be violated."
http://www.export.gov/safeharbor/eu/eg_main_018380.asp
It seems to me that the burden of providing deletion access is certainly
prohibitive in this case, if not downright infeasible.
Safe Harbor also contains specific exclusions for conduits such as ISP's, etc.
In the case of operators of SKS servers, the PII in question may or may not
have been submitted through that server, it might have been (re-)introduced via
any peer or any other possessor of the PII (e.g. I could submit to SKS any
public key in my possession even if it's not my own).
- Re: [Sks-devel] keyserver.pramberger.at terminating, (continued)
- Re: [Sks-devel] keyserver.pramberger.at terminating, David Shaw, 2010/09/07
- Re: [Sks-devel] keyserver.pramberger.at terminating, Anakin-Marc Zaeger, 2010/09/07
- Re: [Sks-devel] keyserver.pramberger.at terminating, Robert J. Hansen, 2010/09/07
- Re: [Sks-devel] keyserver.pramberger.at terminating, Gabor Kiss, 2010/09/08
- Re: [Sks-devel] keyserver.pramberger.at terminating, Anakin-Marc Zaeger, 2010/09/08
- Re: [Sks-devel] keyserver.pramberger.at terminating, Kiss Gabor (Bitman), 2010/09/08
- Re: [Sks-devel] keyserver.pramberger.at terminating, Jack Cummings, 2010/09/08
- Re: [Sks-devel] keyserver.pramberger.at terminating, Ryan, 2010/09/08
- Re: [Sks-devel] keyserver.pramberger.at terminating, Phil Pennock, 2010/09/08
- Re: [Sks-devel] keyserver.pramberger.at terminating, Arnold, 2010/09/08
- Re: [Sks-devel] keyserver.pramberger.at terminating,
Joseph Oreste Bruni <=
Re: [Sks-devel] keyserver.pramberger.at terminating, John Clizbe, 2010/09/07
Re: [Sks-devel] keyserver.pramberger.at terminating, Robert J. Hansen, 2010/09/07
Re: [Sks-devel] keyserver.pramberger.at terminating, Gabor Kiss, 2010/09/08
Re: [Sks-devel] keyserver.pramberger.at terminating, Kim Minh Kaplan, 2010/09/08