2021-04-15 EPDP Team Phase 2A - Meeting #15

PROPOSED AGENDA

1. Roll Call & SOI Updates (5 minutes)

     2. Welcome & Chair updates (Chair) (5 minutes)

• Update from the legal committee

     3. Legal vs. natural (75 minutes)

          i. Whether any updates are required to the EPDP Phase 1 recommendation on this topic (“Registrars and Registry Operators are permitted to differentiate between registrations of legal and natural persons, but are not obligated to do so“);

          ii. What guidance, if any, can be provided to Registrars and/or Registries who differentiate between registrations of legal and natural persons.

Guidance development

        a. Continue review of updated write up of guidance proposal

• See comparison table developed by Staff Support Team and reviewed by Legal Committee – see https://docs.google.com/document/d/1jzKGLeTlJFf8-HB70NmAS_fZJvZgJiwO/edit [docs.google.com]
• EPDP Team to deliberate on the questions identified in column 3:
  1. Consider adding reference to information requirements in relation to consent?
  2. Consider making more specific that the registrant (data subject) needs to have an easy means to correct mistakes?
  3. Consider adding a step that following Registrant confirmation that the registration does not include any personal data, the registrar should contact the provided contact details to confirm that no personal data is present. 
  4. Consider adding guidance that sufficient time must be provided for the Registrant (data subject) to respond to the verification request, but that there is no need to wait for an affirmative response, unless an email bounces (in which case the Registrar should not proceed with publication).
  5. Consider adding that the Registrar should request the Registrant, if self-identified as legal person, to provide a company registration number.
  6. Consider making more specific that at this stage the Registrar should ask whether Registrant (data subject) consents to publication of personal data?
  7. Consider adding that, as an example, a Registrar could also use the company registration number to verify legal personhood.
  8. Consider whether such a tool (to assess whether email addresses include an individual's name or appear to be generic) exists and/or is feasible?
  9. Consider reference to this guidance/opinion from B & B

• EPDP Team to deliberate on remaining questions in the updated write up (see https://docs.google.com/document/d/1whCpXHm3UPmJ-IDSbliveSkwxL679x2U/edit#heading=h.gjdgxs [docs.google.com])

1. Example scenarios refer to “publish the data” with publish defined as “provide Registration Data in the publicly accessible Registration Data Directory Services” – Volker has suggested this should be discussed further by the EPDP Team.
2. Example scenario 1-d – Registrar Team has suggested this is too prescriptive and proposed that if any changes are made then the data is treated as natural-person data until the Registrant indicates otherwise via repetition of steps a-c. Others have suggested that Registrant should be requested when updates are made whether this results in changes to data type. EPDP Team to discuss how to proceed.
3. Example scenario 3 – EPDP Team to discuss whether this scenario should be deleted. There were originally some concerns that there would be no registrant / data subject involvement in the determination of data type, but this has been clarified by indicating that the registrant must confirm the determination by the registrar. Is this concern sufficiently addressed or should this scenario be deleted.
4. Use of third party services to verify determination of data type – sentence has been updated based on suggestions made. Does this sufficiently address the concerns?
5. Other?

• Confirm next steps

b. Consideration of question i. Whether any updates are required to the EPDP Phase 1 recommendation on this topic (“Registrars and Registry Operators are permitted to differentiate between registrations of legal and natural persons, but are not     obligated to do so“);

• Review of questions developed by leadership team to determine positions of different groups – please be open minded and be constructive (seehttps://docs.google.com/document/d/1gMV29jRPQEFGv2psZ2py2_F8cr93OeeA/edit [docs.google.com])
• Homework assignment: all teams to provide responses to these questions by Tuesday 20 April at the latest.
• EPDP Team input
• Confirm next steps

   4. Wrap and confirm next EPDP Team meeting (5 minutes):

         a. EPDP Team Meeting #16 Thursday 22 April at 14.00 UTC - note, placeholder plenary session is being scheduled to allow for a second weekly plenary meeting, if needed.

         b. Confirm action items

         c. Confirm questions for ICANN Org, if any

BACKGROUND DOCUMENTS

Legal - Natural guidance write up

Audio Recording

Zoom Recording

Chat Transcript 

GNSO transcripts are located on the GNSO Calendar