[RDS-WHOIS2-RT] For your information - Confidential Disclosure Framework

Alice Jansen alice.jansen at icann.org
Thu Nov 16 10:44:23 UTC 2017


Dear Review Team Members,

As you prepare for your data analysis phase, we wanted to provide you with a copy of the Confidential Disclosure Framework (CDF) and the associated Non-Disclosure Agreement. Please note that this is for your information only; no need for a signed NDA has been identified yet. We wish to provide you with all the information available for reference, in the event a signed NDA is required later in process.

The CDF is in alignment with ICANN Bylaws<https://www.icann.org/resources/pages/governance/bylaws-en> Article 4, Section 4.6 (a)(iv)(A): To facilitate transparency and openness regarding ICANN's deliberations and operations, the review teams, or a subset thereof, shall have access to ICANN internal information and documents pursuant to the Confidential Disclosure Framework set forth in the Operating Standards (the "Confidential Disclosure Framework").

Note the following guidelines:
(1) ICANN must provide a justification for any refusal to reveal requested information. ICANN's refusal can be appealed to the Ombudsman and/or the ICANN Board for a ruling on the disclosure request.
(2) ICANN may designate certain documents and information as "for review team members only" or for a subset of the review team members based on conflict of interest. ICANN's designation of documents may also be appealed to the Ombudsman and/or the ICANN Board.
(3) ICANN may require review team members to sign a non-disclosure agreement before accessing documents.

As indicated in the Draft Operating Standards<https://www.icann.org/en/system/files/files/draft-operating-standards-specific-reviews-17oct17-en.pdf>, Review team members that do not wish to adhere to the conditions set forth in the CDF to access confidential information, may continue to participate in the review. Yet, as detailed in the CDF, they may face restriction when accessing documents and when participating in discussions pertaining to those documents.

We are happy to answer any questions you may have.

Thanks

Best regards

Alice


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