Page History
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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.
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?
ICANN org has been open and transparent with our engagements with the EDPB and DPAs. All of the formal written communications from EDPB and DPAs are published on ICANN correspondence. In addition, we’ve had informal verbal conversations with the EDPB and DPAs to educate, inform, and ask for guidance. Summaries of those informal conversations are published in blogs. To assist the EPDP Team in its work, ICANN org will provide the EPDP Team with a compiled list of correspondence received and blogs published thus far, including the topic of each correspondence/blog.
2. 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?
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.
15. Why city field is redacted in the Temporary Specification:
Regarding the EPDP Team’s question about why the City field is redacted in the Temp Spec, the Cookbook provides the following rationale: "The registrant’s state/province and country will be published, but the address fields that could be used to more specifically identify the registrant would not be included in the public WHOIS (e.g. street, city, postal code). This would enable non-accredited users to determine the registrant’s general location and likely jurisdiction but would generally not enable identification of the registrant”. The link to the Cookbook:https://www.icann.org/en/system/files/files/gdpr-compliance-interim-model-08mar18-en.pdf. The above quote is on page 26.
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?
ICANN org has been open and transparent with our engagements with the EDPB and DPAs. All of the formal written communications from EDPB and DPAs are published on ICANN correspondence. In addition, we’ve had informal verbal conversations with the EDPB and DPAs to educate, inform, and ask for guidance. Summaries of those informal conversations are published in blogs. To assist the EPDP Team in its work, ICANN org will provide the EPDP Team with a compiled list of correspondence received and blogs published thus far, including the topic of each correspondence/blog.
2. 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?
ICANN org has been open and transparent with our engagements with the EDPB and DPAs. All of the formal written communications from EDPB and DPAs are published on ICANN correspondence. In addition, we’ve had informal verbal conversations with the EDPB and DPAs to educate, inform, and ask for guidance. Summaries of those informal conversations are published in blogs. To assist the EPDP Team in its work, ICANN org will provide the EPDP Team with a compiled list of correspondence received and blogs published thus far, including the topic of each correspondence/blog. See DPA Advice Summary-DRAFT.xlsx.
3. Is there any further information that can be provided in relation to the discussions that have been held with the EDPB and/or DPAs in addition to the blog posts and correspondence that have been shared, such as briefing notes and summaries of meetings?
Aside from the blog posts and correspondence that have already been shared, and consistent with ICANN Publication Practices, ICANN org has not identified any additional notes or summaries of meetings that are suitable for publication.
ICANN org has previously stated that having clear guidance may increase legal certainty for ICANN and the contracted parties as well as assist the community in the Expedited Policy Development Process (EPDP) to consider the Temporary Specification for gTLD Registration Data (Temp Spec). Our commitment to transparency in publishing summaries of our interactions with the EDPB supports this stated purpose.
In this regard, we’ve posted summaries of our conversations with the EDPB and DPAs on ICANN’s Data Protection/Privacy Issues page. The purpose of these conversations has been to educate, inform, and request guidance. In these discussions, we have also relayed to the EDPB the concerns and questions that we have solicited from the community.
Additionally, in the Work and Tools section of the EDPB website, the EDPB states that: “We issue general guidance to promote a common understanding of European data protection laws, both across the European Union and around the world. We clarify data protection provisions, advise the European Commission and provide the general public and stakeholders with our interpretation of their rights and obligations. We can issue guidelines, recommendations and best practices about the GDPR and the Law Enforcement Directive, as well as other documents.” Accordingly, guidance from the EDPB to ICANN is publicly posted on their website and ICANN’s website so that the guidance is available for all interested parties and can help inform the work of the community.ICANN org has been open and transparent with our engagements with the EDPB and DPAs. All of the formal written communications from EDPB and DPAs are published on ICANN correspondence. In addition, we’ve had informal verbal conversations with the EDPB and DPAs to educate, inform, and ask for guidance. Summaries of those informal conversations are published in blogs. To assist the EPDP Team in its work, ICANN org will provide the EPDP Team with a compiled list of correspondence received and blogs published thus far, including the topic of each correspondence/blog. See DPA Advice Summary-DRAFT.xlsx.
ICANN org's GDPR Compliance
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The presentation for the webinar is posted here, and the Adobe Connect recording is here. The question and response start at 0:27:00 in the Adobe Connect recording., and the Adobe Connect recording is here. The question and response start at 0:27:00 in the Adobe Connect recording.
4. During the 19 September 2018 EPDP Q&A Session with Becky Burr, there was a request for more information regarding what ICANN org does with personal data as it relates to ICANN contractual compliance. Additionally, on 4 October 2018, ICANN org received a question from the EPDP Team regarding data retention procedures. In response to these two items, please see the attached a summary of ICANN org’s contractual compliance personal data processing activities: Summary-Contractual-Compliance-Data-Processing-Activities.pdf.
ICANN Org Liaisons Role
1. 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?
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Input from ICANN Compliance
Contractual Compliance responses to EPDP_25jan19.pdf
Summary-Contractual-Compliance-Data-Processing-Activities5oct18.pdf
OUTSTANDING QUESTIONS
- Is indemnification provided by ICANN through a joint controller agreement an option? If EPDP agrees on policy that requires ICANN to indemnify, would the ICANN legal team and Board oppose it?
- When will the ICANN be released memorandum concerning the roles and responsibilities in processing data. The EPDP team encourages ICANN to issue the memo within 48 hours so its position can be referenced in the Initial Report.
