[Gnso-epdp-team] Pre-emptive request for our consideration of Appendix D&E

Alan Woods alan at donuts.email
Fri Aug 31 18:34:48 UTC 2018

Dear Kurt and team,

In advance of our substantive discussions on the elements of the RPMs
within the Temp Spec (Appendix D and E), in the interests of not delaying
our deliberations at that time, I believe it prudent for the EPDP team to
have the opportunity to review the agreements that ICANN has with the RPM
providers, (or at least the Data Processing Agreements), so as to fully
consider all safeguards in place, thus tipping the balance in favor of
disclosure of the data to the RPM providers.

As we already indicated in our triage response, we generally have no issue
with the appendix (notwithstanding some process changes on the RPM review
side being likely necessary). This does not absolve us however from fully
considering the data flow, to confirm the appendices. Our task should be to
do a thorough assessment of the required disclosure; documenting the
purpose and legal basis for the disclosure; the safeguards applicable to
the disclosure; and, in this case, complete our a consideration of the
balance of the data subject rights.  As the contracted parties do not
maintain a direct contractual relationship with any RPM provider, we will
therefore need to consider the applicable data processing agreement, to
confirm how that data will ultimately be processed by the RPM provider
(i.e. drawing inspiration from those elements required under Art 28 of the
GDPR - Data Processor Requirements). This will allow for our transparent
and well rounded consideration of the data flow, the safeguards in place,
leading to a strong outcome for the EPDP consideration of the appendices.

As such, I would request that, in the interests of time, the EPDP now
requests sight of the relevant documents (whether that be the full
agreement or the applicable data processing agreements) from ICANN so that
we can duly consider it in the assessment of the appendices when we arrive
at that point, in the hopes of moving swiftly along.

Kind regards,

Alan Woods

[image: Donuts Inc.] <http://donuts.domains>
Alan Woods
Senior Compliance & Policy Manager, Donuts Inc.
The Victorians,
15-18 Earlsfort Terrace
Dublin 2, County Dublin

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