[Gnso-epdp-team] Question to ICANN re: Dispute Resolution Providers Data Processing Agreements

Kurt Pritz kurt at kjpritz.com
Fri Dec 14 23:20:36 UTC 2018

Dear Dan and Trang:

I am writing to you in your capacity as the ICANN organisation liaisons to the EPDP Team.

As you may recall, the EPDP Team discussed issues related to the EPDP Team’s assessment of responsible parties, specifically in relation to dispute resolution providers. For more information regarding the Team’s assessment of responsible parties vis-à-vis ICANN and dispute resolution providers, please refer to p. 20 of the Initial Report <https://gnso.icann.org/sites/default/files/file/field-file-attach/epdp-gtld-registration-data-specs-initial-21nov18-en.pdf>. As you recall, Recommendation #18 provides: 

“The EPDP Team recommends that ICANN Org must enter into data processing agreements with dispute resolution providers in which, amongst other items, the data retention period is specifically addressed, as this will affect the ability to have publicly-available decisions.”

In an email on the topic, the ICANN organization stated, “[a]dditional discussions and analyses may be needed on this topic.” This comment specifically went to the EPDP indication that, in dispute resolution processes, ICANN is the sole data controller. Following the discussion during the EPDP Team’s meeting <https://community.icann.org/display/EOTSFGRD/2018-12-04+EPDP+Team+call+%2331> on 4 December 2018, the Team agreed that no changes to Recommendation #18 were required. 

If ICANN org disagrees with or wishes to discuss the Recommendation #10 or EPDP Team’s assessment regarding the responsibility of the parties, please engage with the EPDP Team at your earliest convenience and in time to inform its deliberations as it prepares its Final Report. This, we think, will require a response prior to the end of year ICANN shutdown.

Thanks very much for taking time to consider this.


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