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Section 4.4.5 of the Temporary Specification provides a mechanism for third parties to contact Registered Name Holders to address “technical issues and/or errors with a Registered Name or any content or resources associated with such a Registered Name.” With regards to the question about ICANN being a “content regulator,” Section 1.1.c of ICANN’s Bylaws makes clear that ICANN does not regulate content.

3. Regarding Temporary Specification section 4.4.8 - Supporting a framework to address issues involving domain name registrations: the team requests additional specificity. Does this mean that registrars and registries must support a uniform access mechanism when approved or is there some present requirement?

Section 4.4.8 identifies that addressing issues involving domain name registrations, including but not limited to: consumer protection, investigation of cybercrime, DNS abuse, and intellectual property protection using a framework to be developed is a legitimate purpose for the processing of registration data. With regard to the second question, section 4.4.8 does not by itself require that registrars and registries must support a uniform access mechanism when approved. Please note however that section 4.1 of Appendix A does have a requirement for registrars and registries to “provide reasonable access to Personal Data in Registration Data to third parties on the basis of legitimate interests pursued by the third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the Registered Name Holder or data subject pursuant to Article 6(1)(f) GDPR.” Separately, section 4.2 of Appendix A requires registrars and registries to “provide reasonable access to Personal Data in Registration Data to a third party where the Article 29 Working Party/European Data Protection Board, court order of a relevant court of competent jurisdiction concerning the GDPR, applicable legislation or regulation has provided guidance that the provision of specified non-public elements of Registration Data to a specified class of third party for a specified purpose is lawful.” Section 4.2 of Appendix A further requires that registrars and registries “provide such reasonable access within 90 days of the date ICANN publishes any such guidance, unless legal requirements otherwise demand an earlier implementation.”

4. Regarding Temporary Specification section 4.4.13 - Handling contractual monitoring requests: which data sets will be required to measure compliance against which contractual provisions?

The data requested by ICANN Contractual Compliance will vary depending on the particular compliance issue. For example, for a registrant’s complaint that a renewal reminder email was not received, ICANN Contractual Compliance may request from the registrar of record a copy of the communication to the Registered Name Holder.

EPDB Advice

1. 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?

Outstanding Questions

1. Has the WHOIS Conflicts with local laws procedure been used and successfully used to date? Please indicate the instances where the procedure was invoked and the outcome. Were any specific issues identified with the use of this procedure?
2. Regarding data disclosures concerning LEA requests: does GDPR compel a report of those disclosures to be made to the data subject? Please provide analysis of “in-jurisdiction” and “out-of-jurisdiction” requests.
3. Believing that ICANN org has its own GDPR implementation plan in place, it would be helpful for our group to understand the elements and implementation status of the plan so that the Team can draw comparisons to the EPDP Team’s work.

4. The Council envisioned, via the EPDP Charter, to have direct participation of ICANN org liaisons, within the EPDP Team. As we leave the Triage and head into substantive detail, do the ICANN liaisons see a role or specific set of actions for ICANN supporting the team?

5. 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?

6. In section 5.7 of the Temporary Specification (and other sections), what is the meaning of “reasonable access”? Is it access to personal data reasonably provided? Does “reasonably” relate to the effort necessary to retrieve it? Does it mean how criteria for releasing it are applied, i.e., legitimate and not overcome by the rights of others? Should it just be “access”?

7. Regarding Temporary Specification section 4.4.8 - Supporting a framework to address issues involving domain name registrations: the team requests additional specificity. Does this mean that registrars and registries must support a uniform access mechanism when approved or is there some present requirement?
8. Regarding Temporary Specification section 4.4.13 - Handling contractual monitoring requests: which data sets will be required to measure compliance against which contractual provisions?