[Gnso-epdp-legal] Additional Question From Today's Call

[Margie Milam]

Hi-

Following up on today’s call, here is a draft legal question to pose to Ruth:

Assuming that:


  *   ICANN adopts all of the purposes identified in the current draft version of Recommendation 1,  [ICANN TO SEND LIST OF PURPOSES] which addresses processing for the benefit of registries, registrars, ICANN, and third parties, as part of a future Consensus Policy that updates the WHOIS policy to address GDPR concerns
  *   These purposes become incorporated into the relevant registrar and registry agreements with ICANN
  *   There is a prior consensus policy calling for THICK WHOIS that was adopted by the ICANN Board following the Bylaws, that requires the transfer of the WHOIS contact data from the registrars to the registries for reasons that are identified in the Final Report<file:///Users/margiemilam/Downloads/Thick%20Whois%20-%20Final%20Report%20-%2021%20October%202013.pdf>,  including  “substantial benefits from mandating thick instead of thin Whois, including enhanced accessibility and enhanced stability.”
  *   The resulting policy from the EPDP would continue the requirement for Thick WHOIS


Question:  is there a legal basis under GDPR to support the requirement of a transfer of data elements from registrars to registries to enable the processing called for in these purposes even though the processing  and transfer of data may be to enable processing for the benefit of 3rd parties (e.g. Purposes 2, 3, 5, 6) rather than for the registry’s purposes (Purpose 1)?

Looking forward to your comments.

All the best,

Margie









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