Data Protection/Privacy Update: Proposed Temporary Specification Now Available - ICANN

[Rafik Dammak]

Hi all,

This is quite important as it is the proposed temporary specification for
whois compliance with GDPR.

Best Regards,

Rafik Dammak

NCSG Policy Committee Chair

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https://www.icann.org/news/blog/data-protection-privacy-update-proposed-temporary-specification-now-available

Data Protection/Privacy Update: Proposed Temporary Specification Now
Available
<https://www.icann.org/news/blog/data-protection-privacy-update-proposed-temporary-specification-now-available#>
<https://www.icann.org/news/blog/data-protection-privacy-update-proposed-temporary-specification-now-available#>
<https://www.icann.org/news/blog/data-protection-privacy-update-proposed-temporary-specification-now-available#>
<https://www.icann.org/news/blog/data-protection-privacy-update-proposed-temporary-specification-now-available#>
<https://www.icann.org/news/blog/data-protection-privacy-update-proposed-temporary-specification-now-available#>
<https://www.icann.org/news/blog/data-protection-privacy-update-proposed-temporary-specification-now-available#>
[image: Gdpr proposed temp spec now available 750x425 11may18 en]

As you may recall, I noted
<https://www.icann.org/news/blog/data-protection-privacy-update-meeting-with-contracted-parties-on-gdpr-compliance>
in
one of my recent data protection/privacy updates that we would soon be
posting the proposed Temporary Specification
<https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#consensus-temporary>
 for gTLD Registration Data. The draft document is now available here
<https://www.icann.org/en/system/files/files/proposed-gtld-registration-data-temp-specs-11may18-en.pdf>
[PDF,
625 KB] and I encourage you to take a moment to read through it.

We are sharing the proposed Temporary Specification with the community now,
at the same time that we are providing it to the Board at their Vancouver
Workshop
<https://www.icann.org/news/blog/chair-s-blog-a-preview-of-the-vancouver-board-workshop>.
In light of both the importance of this issue and the timing, the board has
reorganized its schedule in Vancouver to spend the maximum amount of time
needed to discuss the Temporary Specification during the workshop and
possibly during its 13 May Board meeting
<https://www.icann.org/resources/board-material/agenda-2018-05-13-en>.

The ICANN organization and community continue to work together
<https://www.icann.org/news/blog/data-protection-privacy-update-meeting-with-contracted-parties-on-gdpr-compliance>
to
find a way to bring both the ICANN org and contracted parties into
compliance with the European Union's General Data Protection Regulation
(GDPR), while maintaining the existing WHOIS system to the greatest extent
possible, in accordance with the policies set by the ICANN community
through the multistakeholder model. The ICANN org also continues to discuss
<https://www.icann.org/news/blog/data-protection-privacy-update-seeking-additional-clarity-from-article-29>
the
matter with the Article 29 Working Party.

This proposed Temporary Specification provides an interim solution until
the community completes a policy development process that will result in a
consensus policy for revised WHOIS model. The Temporary Specification,
which reflects ICANN's Proposed Interim Model
<https://www.icann.org/en/system/files/files/gdpr-compliance-interim-model-08mar18-en.pdf>
[PDF,
922 KB], balances the requirements of the existing WHOIS with the
requirements established by the GDPR. It does so by allowing for the robust
collection of registration data but also restricting the access to personal
data to layered/tiered access. Users with a legitimate purpose may request
access to non-public data through registrars and registry operators, and
will be able to contact either the registrant or administrative and
technical contacts through an anonymized email or web form. Registrants
will also be able to opt-in to having their full contact information made
publicly available.

In parallel, the Board has started
<https://www.icann.org/resources/board-material/resolutions-2018-05-03-en> a
pre-consultation process with the Governmental Advisory Committee (GAC)
regarding the advice it provided on GDPR in its San Juan Communiqué
<https://gac.icann.org/advice/communiques/public/20180315_icann61%20gac%20communique_finall.pdf>
[PDF,
232 KB]. The proposed Temporary Specification, is or may be inconsistent
with certain parts of the GAC's advice. As such, it's important that the
Board engage with the GAC.

This pre-consultation is the first step in the Process for Consultations
between the ICANNBoard and the GAC
<https://gacweb.icann.org/download/attachments/27132063/2013-04-07-Process%20forConsultations%20between%20ICANN%20and%20GAC.doc?version=1&modificationDate=1376102118000&api=v2>
 [DOC, 42 KB]. Following a call held on 8 May, where the GAC provided
additional clarification that the advice it provided in the San Juan
Communiqué is intended to apply to the Interim Compliance Model, the
ICANN Board
sent a letter
<https://www.icann.org/en/system/files/correspondence/chalaby-to-ismail-11may18-en.pdf>
[PDF,
315 KB] to GAC leadership outlining the next steps.

Please take a moment to review the proposed Temporary Specification, and
don't forget that you can follow the latest updates on our dedicated Data
Protection/Privacy page <https://www.icann.org/dataprotectionprivacy>.
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