[Gnso-epdp-team] Fwd: Responses to EPDP Questions

farzaneh badii farzaneh.badii at gmail.com
Tue Oct 9 07:05:25 UTC 2018

I support Thomas's questions.

ICANN org and the CEO continue repeating the narrative that they are in
need of legal clarity but their only focus seems to be on access to
personal data of the domain name registrants. We need clarity about the
risks that ICANN data processing requirements pose for domain name
registrants. ICANN org has been receiving some very good advice from the
authorities they mention. However, whenever the advice would likely lead to
not violating domain name registrants privacy, ICANN has comfortably
ignored it or even challenged it! ICANN's reluctance to accept legal
clarity when it's provided with one (both by EDPB and the German court) and
lack of respect for the privacy rights of domain name registrants are just

 the ICANN "community" has never had consensus over prioritization and
urgency of access to domain name registrants personal information to the
third parties. Only some groups' priority is to have access to personal
information of domain name registrants. Other groups priorities are:
protecting registrants personal information and compliance with data
protection laws! ICANN org insistence to ask questions solely about access
shows its bias and nothing more. When are we going to have webinars and
discussions about mitigating risks that can be posed to domain name
registrants? ICANN needs to be working on another document called: A
Unified Data Protection Model for Domain Name Registrants. How about
seeking legal and policy clarity on that!


On Tue, Oct 9, 2018 at 2:29 AM Thomas Rickert <epdp at gdpr.ninja> wrote:

> Hi Marika,
> thanks for sharing this.
> Not sure how others read the answers, but I think that the rationale for
> not doing a DPIA is not satisfactory. I do not see any reason why a DPIA
> cannot be carried out. It would be hugely beneficial to our group to inform
> the balancing of rights discussions we will need to have.
> I have two more follow-up question we might want to ask, if the EPDP team
> agrees.
> 1. Has ICANN org commissioned any legal assessment or carried out legal
> assessments internally with respect to registration data? If so, can such
> documents please be shared with the EPDP team?
> 2. We understand that ICANN has not yet established a record of processing
> activities. ICANN is required to have such document, see Art. 30 GDPR. For
> the work of our group, it would be very helpful to obtain the record of
> processing activities to the extent that registration data is concerned.
> Thanks and kind regards,
> Thomas
> Am 09.10.2018 um 05:17 schrieb Marika Konings <marika.konings at icann.org>:
> Dear All,
> Please find below additional responses from ICANN Org to a number of
> outstanding questions. We’ll get these posted shortly on the related wiki
> page.
> Best regards,
> Caitlin, Berry and Marika
>  —————————————
> The EPDP Team previously requested a summary of ICANN org’s contacts and
> engagements with the EPDP and DPAs. ICANN org provided a response, which is
> provided again below for reference:
> QUESTION: Can ICANN summarize in some searchable form the contacts and
> engagements with the EDPB and/or other DPAs in relation to the Temporary
> Specification for gTLD Registration Data?
> RESPONSE: ICANN org has been open and transparent with our engagements
> with the EDPB and DPAs. All of the formal written communications from EDPB
> and DPAs are published on ICANN correspondence. In addition, we’ve had
> informal verbal conversations with the EDPB and DPAs to educate, inform,
> and ask for guidance. Summaries of those informal conversations are
> published in blogs. To assist the EPDP Team in its work, ICANN org will
> provide the EPDP Team with a compiled list of correspondence received and
> blogs published thus far, including the topic of each correspondence/blog.
> As follow-up to the above response, attached is a summary of
> correspondence between ICANN org and the EPDP/DPAs, as well as
> announcements and blogs relating to ICANN org’s GDPR-related efforts. The
> document is marked as draft so that the EPDP Team can review and provide
> suggestions for re-organization or re-structuring of the content to best
> meet the EPDP Team’s needs.
> QUESTION: For which ICANN policies is admin/tech contact information
> currently a required data element and/or referenced in the policy?
> RESPONSE: Administrative and technical contact information is referenced
> in the following ICANN policies and procedures:
>    - Registry Registration Data Directory Services Consistent Labeling
>    and Display Policy
>    <https://www.icann.org/resources/pages/rdds-labeling-policy-2017-02-01-en>.
>    Output requirements for administrative and technical contact information.
>    - Thick WHOIS Transition Policy for .COM, .NET, .JOBS
>    <https://www.icann.org/resources/pages/thick-whois-transition-policy-2017-02-01-en>.
>    Guidance to registry operators for handling output of administrative and
>    technical contact information where no data exists in the SRS during the
>    period when registrars begin sending Thick WHOIS data to registry operators
>    for all new registrations.
>    - Rules for Uniform Domain Name Dispute Resolution Policy
>    <https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en>.
>    Notifications of complaints include administrative and technical contacts
>    information.
>    - WHOIS Data Reminder Policy
>    <https://www.icann.org/en/resources/registrars/consensus-policies/wdrp>.
>    WDRP notices may be presented to the registrant either directly or through
>    the administrative contact.
>    - Transfer Policy
>    <https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en>.
>    Administrative contact along with the registered name holder have the
>    authority to approve or deny a transfer request. Because of this role, the
>    administrative contact is referenced in parts of the transfer process as
>    well as in the Registrar Transfer Dispute Resolution Policy.
>    - Uniform Rapid Suspension System (URS) Rules
>    <http://newgtlds.icann.org/en/applicants/urs/rules-28jun13-en.pdf>.
>    Notifications of complaints include administrative and technical contacts
>    information.
> QUESTION: We have spent most of this meeting exploring the role of
> compliance at ICANN, in order to support a proposal that ICANN has an
> implicit contract with the registrant and that therefore 6 1 b applies as a
> grounds for processing.  This would also facilitate ICANN operating a UAM
> on behalf of those who want the data.  It might also explain Goran’s
> initiative in seeking some kind of recognition by EU authorities that ICANN
> has a kind of quasi-regulator status, as the authority vested with the
> responsibility to manage the DNS.  Given that all of this is outside the
> current configuration of ICANN as data controller, which would be more
> clear had we done a DPIA and had we adequate data maps to work with….can we
> either get back to our Charter questions that we were mandated to address
> by the GNSO, or get a full explanation of what is going on and why we
> continue to be focused on the access question.
> RESPONSE: This request appears to be directed at the EPDP Team and not
> ICANN org as ICANN org does not dictate the direction of the EPDP Team’s
> discussion.
> QUESTION: Why hasn’t a Data Protection Impact Assessment been carried out
> to clarify data flows and ICANN’s relationship with the data subject in
> light of its acknowledged role as a joint controller and Article 35 of the
> RESPONSE: This question was also asked during the Data Protection/Privacy
> Update Webinar hosted by ICANN org on 8 October 2018. John Jeffrey, ICANN’s
> General Counsel and Secretary provided the following response:
> “This is something that has been considered since the very beginning. One
> of the issues is when to do that in a way that is most timely and useful
> and how to do that. We continue to evolve the thinking of how the
> interpretation of GDPR applies to WHOIS. We have a number of questions
> which have been addressed directly to the DPAs and the EDPB and we’ve have
> an ongoing discussion with the EC about how to interpret the GDPR. We
> believe that those are a better format at this point than doing the
> assessment, but we continue to evaluate whether that assessment would be
> the right thing to do and when.”
> The presentation for the webinar is posted here
> <https://www.icann.org/en/system/files/files/presentation-data-protection-privacy-08oct18-en.pdf>,
> and the Adobe Connect recording is here
> <https://participate.icann.org/p29vt2uxodx/>. The question and response
> start at 0:27:00 in the Adobe Connect recording.
> <DPA Advice Summary-DRAFT.xlsx>
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