[Gnso-epdp-legal] Question 1: | EPDP-Phase 2A - Legal Sub-team call | Tuesday, 02 February 2021 at 14:00 UTC

Wed Feb 3 17:17:05 UTC 2021

Thank you Hadia, for kicking this off.

Here is my take on the question:

Recommendation number 6 of EPDP phase one report will require registrars to
provide the opportunity for the registered name holder to provide consent
to publish their contact information as well as their email addresses in
the RDS of the sponsoring registrar by means of a yet-to-be-defined
process.
Assuming the CPs were similarly required by ICANN policy to permit
registered name holders to declare whether their registration data contains
personal information or is strictly limited to non-personal information,
along with implementing all the safeguards indicated in the Bird & Bird
legal memo, such as providing a well-crafted notice in clear and plain
language explaining the consequences of this declaration such as
registration data declared as containing only non-personal information
being subject to automated disclosure to requestors in the SSAD, requiring
registered name holders to acknowledge the notice and the automated
disclosure of their registration data in consequence of declaring their
data as non-personal information, how then would the risk associated with
the disclosure of the registration data in this case be different from the
risk posed through the publication of the registration data based on the
registrant’s consent?

Rationale:
We need to stop making the false differentiation between the legal nature
of the registrant and start focussing on the nature of their information,
hence the shift to personal vs non-personal information.
Further, by shifting the focus from all-out publication to automated
disclosure in the SSAD, more safeguards are in place against abuse and data
harvesting.

-- 
Volker A. Greimann
General Counsel and Policy Manager
*KEY-SYSTEMS GMBH*

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On Wed, Feb 3, 2021 at 10:33 AM Hadia El Miniawi <hadiaminiawi at yahoo.com>
wrote:

> Hi All,
>
> Based on Beck's suggestion yesterday to rephrase the first question please
> find herewith my first attempt
>
> Recommendation number 6 of EPDP phase one report requires registrars to
> provide the opportunity for the registered name holder to provide consent
> to publish redacted contact information as well as the email addresses in
> the RDS of the sponsoring registrar. If the CPs require registered name
> holders to self-identify themselves as natural or legal persons, along with
> implementing all the safe guards indicated in the Bird & Bird legal memo,
> like providing a well-crafted note in clear and plain language explaining
> the consequences of self-identification and that the registration data of
> legal persons would be made public, requiring registrants to acknowledge
> the note and the publication of their registration data in consequence of
> self-identifying oneself as a legal person. How is the risk associated with
> the publication of the registration data in this case different from the
> risk posed through the publication of the registration data based on the
> registrant’s consent?
>
>
> Best
> Hadia
>
>
> On Tuesday, February 2, 2021, 05:31:12 PM GMT+2, Terri Agnew <
> terri.agnew at icann.org> wrote:
>
>
> *D*ear all,
>
>
>
> All recordings for the EPDP-Phase 2A - Legal Sub-team call held on *Tuesday,
> 02 February 2021 at 14:00 UTC *can be found on the agenda wiki page
> <https://community.icann.org/x/zwhACQ>(attendance included) and the GNSO
> Master Calendar <https://gnso.icann.org/en/group-activities/calendar>.
>
>
>
> These include:
>
>    - Attendance (please let me know if your name has been left off the
>    attendance list)
>    - Audio recording
>    - Zoom chat archive
>    - Zoom recording (including audio, visual, rough transcript)
>    - Transcript
>
>
>
> As a reminder only members or alternates replacing members as primary can
> join the call.
>
>
>
> For additional information, you may consult the mailing list archives
> <https://mm.icann.org/pipermail/gnso-epdp-legal/>and the main wiki page
> <https://community.icann.org/x/IYEpBQ>.
>
>
>
> Thank you.
>
> With kind regards,
>
>
>
> Terri
>
>
>
>
>
>
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