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

[Stephanie Perrin]

So is the latest letter to the Chair of the Article 29 Working Party, 
https://www.icann.org/en/system/files/correspondence/marby-to-jelinek-10may18-en.pdf

It is a lot to digest, when so many in our community are either at the 
GDD meeting in Vancouver, or on their way to Rightscon in Toronto, but 
we will pull together a response.

Stephanie Perrin

On 2018-05-12 06:17, Rafik Dammak wrote:
> 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
>
> ---------- Forwarded message ---------
>
>
> https://www.icann.org/news/blog/data-protection-privacy-update-proposed-temporary-specification-now-available
>
>
>   Data Protection/Privacy Update: Proposed Temporary Specification Now
>   Available
>
>
>   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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