[gnso-dataprotection-thickwhois] FW: Data Protection/Whois Conflicts
As discussed during today's meeting. With best regards, Marika On 07/03/13 19:35, "Marika Konings" <marika.konings@xxxxxxxxx> wrote: >Don, > >Further to Dan's note, we've checked internally but we are not aware of >any registrar that has invoked that procedure. On the registry side, it is >a little bit more complicated. We have had a couple of registries that >have requested and received amendments to their registry agreements >permitting them to show tiered or thin data in their registry Whois output >for certain types of individuals / natural persons (see.CAT Amendment No. >2 (17 July 2012) >http://www.icann.org/en/about/agreements/registries/cat/amendment-2-17jul1 >2 >-en.htm and .TEL Amendment No. 2 (4 February 2008) >http://www.icann.org/en/about/agreements/registries/tel/registry-agmt-amen >d >ment-2-04feb08-en.htm). However, it would take significant research to go >back and reconstruct all the details of exactly what role the ICANN >procedure played in the handling of the registry agreement amendments, and >to accurately and comprehensively describe the exact changes that were >made to those agreements. Of course, we could do so if deemed useful for >the WG's deliberations, but it may be worth pointing out that we >anticipate that soon after the New RAA is introduced, we will be having >further conversations with the GAC and with the contracted parties about >how the ICANN Procedure For Handling WHOIS Conflicts with Privacy Law can >be updated to address conflicts with data retention as well as >Whois-related laws, and to determine if there is a way that the procedure >can be invoked without requiring contracted parties to have a proceeding >initiated against them. This would be part of a staff-initiated review >that is contemplated within the procedure itself. Of course, any >information or suggestions that the WG may have in relation to this review >would be welcomed by staff. > >Please feel free to forward this response to the WG and/or sub-team if >deemed of interest. > >Best regards, > >Marika Attachment:
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