[GNSO-Accuracy-ST] Potential Additional Questions to ICANN Org

[Alan Greenberg]

At 2022-02-24 05:11 PM, Michael Palage wrote:

>Hello Everyone,
>
>Over the past couple of weeks there has been a 
>recurring theme in our calls and in some of the 
>side discussions that I have had with some 
>members regarding about how the potential lack 
>of a Data Processing Agreement between ICANN Org 
>and the Contracting Parties might negatively 
>impact our future work and/or recommendations.
>
>Therefore I would like to propose to the group 
>for their consideration the following additional 
>questions that we may want to propose to ICANN Org as we continue our work:
>
>•     ;       “Is ICANN able to access 
>registration data under the GDPR on the basis 
>that it has a legitimate interest in checking 
>the accuracy of the data?  Has ICANN ever 
>received or plans to receive legal advice on this particular topic?

I vaguely recall that there was mention made of 
ICANN Org requesting clarification from the EDPB 
on whether such access was allowed (presuming 
honouring of trans-border data issues).  So you 
may wish to include a question about whether 
ICANN Org has or plans to consult the EDPB.


>•            Does ICANN believe that the Data 
>Protection Agreement between itself and the 
>Contracted Parties is a necessary legal 
>requirement for requesting and receiving this 
>data, and if so for what legal reason?"

I would include any appliable joint-controller 
agreements, as such an arrangement was one of the 
underlying assumptions in thhe EPDP Phase 2 report (section 3.3).

Alan

>As always I welcome any thoughts and or considerations?
>
>Best regards,
>
>Michael
>
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