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In considering the applicability of the possible legal bases and after consultations with the community, it was determined that 6(1)(f) was the most appropriate legal basis to support the stated goal of complying with the GDPR while maintaining the existing WHOIS to the greatest extent possible.
13. What is the rationale for the bolded wording in this Temporary Specification section: As soon as commercially reasonable, Registrar MUST provide the opportunity for the Registered Name Holder to provide its Consent to publish the additional contact information outlined in Section 2.3 of Appendix A for the Registered Name Holder.
The “As soon as commercially reasonable” language was added in Section 2.3 of Appendix A of the Temporary Specification because Implementation of this requirement would take development time on the part of the contracted parties. However, due to the timing of the Board adoption of the Temporary Specification, there was recognition that additional time would be needed to implement the requirement.
The “MUST” language goes back to our stated objective of preserving the existing WHOIS to the greatest extent possible while complying with the GDPR. Giving as many registrants as possible the ability to have their full contact information published was in keeping with this stated objective.
14. What was the community input into this Temporary Specification section that, in each of the two cases, led to the wording, “as soon as commercially reasonable,” and “MUST“?
As far back as the development of the Calzone model, various parts of the community communicated to ICANN that registrants should be afforded the ability to have their full contact information published. See the Working Draft Non-Paper -- Selected Interim GDPR Compliance Models & Comments dated 07 Feb 2018.
During development of the Temp Spec, contracted parties pointed out that this requirement would require development time to implement in their platforms.
EPDB Advice
Can ICANN summarize in some searchable form the contacts and engagements with the EDPB and/or other DPAs in relation to the Temporary Specification for gTLD Registration Data?
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