[CPWG] [GTLD-WG] Urgent EPDP question

[Jonathan Zuck]

Agree

-----Original Message-----
From: GTLD-WG <gtld-wg-bounces at atlarge-lists.icann.org> On Behalf Of Alan Greenberg
Sent: Sunday, October 14, 2018 9:13 PM
To: CPWG <cpwg at icann.org>
Subject: [GTLD-WG] [CPWG] Urgent EPDP question
Importance: High

Here is a question that we need an answer on no later than Tuesday morning.

GDPR requires the information related to Natural Persons be protected (for those resident in Europe) be protected. GDPR does not apply to Legal Persons (ie companies).

ICANN's Temporary Spec allows contracted parties to treat all registrant alike and subject to GDPR.

The EPDP Charter includes questions about whether contracted parties may or must treat Legal Persons differently from Natural Persons.

The GAC, BC and IPC have made strong statements about the need to restrict GDPS to Natural Persons. The contracted parties are pushing back - strongly. The words vary, but in essence what they are saying ranges from there should be no constraint on them to yes, they may differentiate but with an unspecified time-frame.  (As you may note if you looked at the RDS-WHOIS2 report, registrars under the 2013 RAA must do some validation of contact information for new an transfered domains, but none to simple renewal. so there are currently
140,000,000 domains without verified information (5 years after the
2013 RAA came into force) and there is no requirement to ever validate their information - so unspecified time frames can last a LONG time.)

I personally feel that it is essential that we should differentiate between legal persons and natural persons, just as GDPR and other privacy legislation does.

Comments?

Alan

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