[council] Final Proposed Agenda GNSO Council Meeting - 22 August 2019 at 12:00 UTC

[Mueller, Milton L]

Good analysis and very interesting, Farzy. I am continually amazed at how clueless ICANN org has seemed to be regarding GDPR and data protection. Either that or, as you suggest, they are playing some kind of game.
--MM

From: NCSG-Discuss <NCSG-DISCUSS at LISTSERV.SYR.EDU> On Behalf Of farzaneh badii
Sent: Friday, August 16, 2019 1:31 AM
To: NCSG-DISCUSS at LISTSERV.SYR.EDU
Subject: Re: [council] Final Proposed Agenda GNSO Council Meeting - 22 August 2019 at 12:00 UTC

Returning to this thread to talk about accuracy.

Keith sent the draft response of the council (attached) today. The letter acknowledged the receipt of the CEO letter about accuracy and suggested to the CEO that the council will discuss and provides guidance.

Interpreting from the CEO letter, I believe ICANN org has stopped carrying out ARS <https://gnso.icann.org/sites/default/files/file/field-file-attach/marby-to-drazek-21jun19-en.pdf>  because ICANN is not certain whether it can access personal information in WHOIS directory to undertake the check. This might be because ICANN does not want to accept that it is a joint controller so asking whether EPDP has plans to facilitate such access for ICANN.

Perhaps ICANN wants to have a data processing agreement with the CPs to be able to carry out the accuracy checks. I am not sure. What I know is that phase 2 of EPDP is about "the disclosure of the data to the third parties". But ICANN most certainly is not a third party in this situation. So I don't know how EPDP can help ICANN in this situation.

I think ICANN org needs to clarify why it cannot carry out the service. They imply that because WHOIS is not public anymore they can't do it. But can they have access to data through a data processing agreement with CPs? I really don't know how and who should be discussing this. Especially because ARS was not a consensus policy!



Farzaneh

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