[Gnso-epdp-team] FW: Recommendation 12

[Sarah Wyld]

Dear EPDP Team,

Thanks to all those who worked on the updated Rec 12, especially Alex
Deacon, it was good to be able to work from your thoughtful updates. I
have attached a revised version of this Recommendation, however I'm not
sure that my tracked changes were successful, here's hoping.

The RrSG supports the proposed ""Format by which requests should be made
and responses are provided"", as well as the requirement for the CP to
publish information on their website about how to make a disclosure
request.

It is unclear exactly which text in the Temp. Spec. is to be updated
with the phrase ""requests for lawful disclosure.” This may be
acceptable, if it is limited to the title of the section; otherwise it
would be appreciated if this could be clarified.

The RrSG does not support a requirement to include a link to this
process in any RDS response, as this may conflict with the CL&D Policy
or the RDAP Profile which remains in progress with the RDAP WG.

The RrSG notes that the specific legal basis for disclosure may play a
role in determining what information should be included in the
disclosure request, so this can be the minimum set but it may not work
for all scenarios. That said, the proposed set of information required
in the request is appropriate.

Regarding the timelines for responses, the RrSG would support the second
version of the text: "Contracted Parties must acknowledge receipt of a
Reasonable Disclosure Request without unreasonable delay, but ordinarily
not more than 2 business days from receipt."

If a timeline for processing and responding to the disclosure requests
must be defined in this EPDP, it should be 30 days, in order to align
with the Art. 12 GDPR timeframe for providing information to the data
subject.

Finally, regarding the proposed four types of responses to a disclosure
request, requiring specific information to be included in the response
is too detailed. We should expect the CP to provide a reasonably
detailed response, including the info that the Controller determines
should be disclosed. Blanket denials must be permitted where justified,
with the decision made by the CP.

Thank you,

-- 
Sarah Wyld
Domains Product Team
Tucows
+1.416 535 0123 Ext. 1392

 

On 1/28/2019 10:02 AM, Marika Konings wrote:
>
> Dear EPDP Team,
>
>  
>
> Recommendation #12 and the proposed language by the small team are on
> the agenda for tomorrow’s EPDP Team meeting. To facilitate that
> discussion, please share your groups thoughts, concerns and/or
> proposed changes with the mailing list ahead of tomorrow’s meeting.
> Please focus on those aspects that could affect your group’s support
> for this recommendation.
>
>  
>
> Thanks,
>
>  
>
> Caitlin, Berry and Marika
>
>  
>
> *From: *Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> on behalf of
> Alex Deacon <alex at colevalleyconsulting.com>
> *Date: *Friday, January 25, 2019 at 11:59
> *To: *EPDP <gnso-epdp-team at icann.org>
> *Subject: *[Gnso-epdp-team] Recommendation 12
>
>  
>
> All, 
>
>  
>
> At the very end of our face to face a very small team (tiny team?) met
> to discuss updates to Recommendation 12 (reasonable access).   The
> redline attached is where we ended up.   
>
>  
>
> Thanks.
>
> Alex
>
>  
>
>  
>
> ___________
>
> *Alex Deacon*
>
> Cole Valley Consulting
>
> alex at colevalleyconsulting.com <mailto:alex at colevalleyconsulting.com>
>
> +1.415.488.6009
>
>  
>
>
> _______________________________________________
> Gnso-epdp-team mailing list
> Gnso-epdp-team at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-epdp-team
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