[Gnso-epdp-team] EPDP Recommendation 11 - email list discussion

[Kurt Pritz]

Hi Everyone:

There were several items (Recommendations) that we agreed to discuss via email with the idea that we could close on them without taking time for discussion in a meeting. This email concerns Recommendation 11, addressing the data retention period.



The current recommendation states:

The EPDP Team recommends that Registrars are required to retain the herein-specified data elements for a period of one year following the life of the registration. This retention period conforms to the specific statute of limitations within the Transfer Dispute Resolution Policy (“TDRP”).



Small Team Discussion

(1)   The small team noted that “statute of limitation” as used in the Recommendation was probably an inappropriate use of a legal term of art and should be replaced with more appropriate language. This point is addressed in the proposed updated Recommendation below. 

(2)   Some on the small team advocated for a longer retention period, suggesting that a longer retention period could be anchored in existing ICANN policy requirements or other outside requirements.  (The current retention period is anchored  is the Transfer DRP as the “tall pole” among all the other purposes for processing registration data.) The updated language below, proposed by small team B, clarifies that the proposed data retention period is for ICANN related requirements and different retention periods may apply as a result of local requirements or circumstances.



Proposed updated language recommendation 11 – data retention 

The EPDP Team recommends that: Registrars are required to retain the herein-specified data elements for ICANN-related requirements for a period of one year following the life of registration. This minimum retention period is consistent the requirements of the Transfer Dispute Resolution Procedure, which has the longest retention requirement of any of the enumerated Purposes for Processing Registration Data.

Note, Contracted Parties may have needs or requirements for longer retention periods in line with local law or other requirements. This is not prohibited by this language. Similarly, should local law prevent retention for the period of one year, there are waiver procedures in place that can address such situations.



Actions

Those supporting a retention greater than one year generally should submit rationale for such a retention period including related ICANN policy requirements to which this could be anchored. These submissions will be discussed via email.

Submit comments for support for the amended Recommendation or requesting edits to the recommendation with rationale. 

Deadline: Friday, 24 January, additional email discussion might follow depending on responses.


Thank you and best regards,

Kurt

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