[RDS-WHOIS2-RT] ICANN takes legal action in respect to GDPR

Alan Greenberg alan.greenberg at mcgill.ca
Mon May 28 04:05:52 UTC 2018


https://www.icann.org/news/announcement-2018-05-25-en

For those who might not have noticed, on Friday, ICANN announced that 
it has filed injunction proceedings against a German registrar 
(associated with TUCOWS) that had informed ICANN that under the GDPR, 
it would no longer be collecting certain data (Admin and Technical 
contact info).

Collection is a critical step, in that if data is not collected, it 
cannot be released to accredited parties, no matter how good their 
justification is.

As I understand it (and that could be wrong), this is an interesting 
step, in that it takes the issue out of the hands of data 
commissioners and into the courts, where presumably ICANN will be 
given an opportunity to explain why it believes that such collection 
is important. Although data commissioners have been reported to say 
that they have no legal basis to grant a delay, this is something 
that the courts can do pending resolution.

Alan



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