[gnso-osc-csg] GNSO-OSC-CSG: ICANN Document Disclosure Policy

["Victoria McEvedy" <victoria@xxxxxxxxxx>]

Please see the below fyi -which may be of interest to team members given the 
disclosure issues we were experiencing earlier.  It would have been helpful to 
have been referred to this at the time but at least we know for the future.  

The full frameworks and principles are also available in PDF format [PDF, 
425K]: 
http://www.icann.org/transparency/acct-trans-frameworks-principles-10jan08.pdf

 

B. ICANN DOCUMENTARY INFORMATION

DISCLOSURE POLICY

ICANN's Documentary Information Disclosure Policy (DIDP) is intended to ensure 
that information

contained in documents concerning ICANN's operational activities, and within 
ICANN's possession,

custody, or control, is made available to the public unless there is a 
compelling reason for

confidentiality.

A principal element of ICANN's approach to transparency and information 
disclosure is the

identification of a comprehensive set of materials that ICANN makes available 
on its website as a

matter of course.

Specifically, ICANN has:

* Identified many of the categories of documents that are already made public 
as a matter of due

course

* Developed a time frame for responding to requests for information not already 
publicly available

* Identified specific conditions for nondisclosure of information

* Described the mechanism under which requestors may appeal a denial of 
disclosure

Documents Made Public in Due Course

ICANN posts on its website at www.icann.org, numerous categories of documents 
in due course. A

list of those categories follows:

* Annual Reports -http://www.icann.org/annualreport

* Articles of Incorporation -http://www.icann.org/general/articles.htm

* Board Meeting Transcripts, Minutes and Resolutions 
-http://www.icann.org/minutes/

* Budget -http://www.icann.org/general/financial.html

* Bylaws (current) -http://www.icann.org/general/bylaws.htm

* Bylaws (archives) -http://www.icann.org/general/archive-bylaws/

* Correspondence -http://www.icann.org/correspondence/

* Financial Information -http://www.icann.org/general/financial.html

* Litigation documents -http://www.icann.org/general/litigation.htm

* Major agreements -http://www.icann.org/general/agreements.htm

* Monthly Registry reports -http://www.icann.org/tlds/monthly-reports/

* Operating Plan -http://www.icann.org/planning

* Policy documents -http://www.icann.org/general/policy.html

* Speeches, Presentations & Publications -http://www.icann.org/presentations/

* Strategic Plan -http://www.icann.org/planning

* Material information relating to the Address Supporting Organization (ASO) -

http://aso.icann.org/docs/index.html including ASO policy documents, Regional 
Internet

Registry (RIR) policy documents, guidelines and procedures, meeting agendas and 
minutes,

presentations, routing statistics, and information regarding the RIRs

ICANN Management Operating Principles January 2008 10

* Material information relating to the Generic Supporting Organization (GNSO) -

http://gnso.icann.org/ - including correspondence and presentations, council 
resolutions,

requests for comments, draft documents, policies, reference documents (see 
http://gnso.icann.

org/reference-documents.htm), and council administration documents (see

http://gnso.icann.org/council/docs.shtml).

* Material information relating to the country code Names Supporting 
Organization

(ccNSO) -http://ccnso.icann.org - including meeting agendas, minutes, reports, 
and

presentations

* Material information relating to the At Large Advisory Committee (ALAC) -

http://alac.icann.org - including correspondence, statements, and meeting 
minutes

* Material information relating to the Governmental Advisory Committee (GAC) -

http://gac.icann.org/web/index.shtml - including operating principles, gTLD 
principles,

ccTLD principles, principles regarding gTLD Whois issues, communiqués, and 
meeting

transcripts, and agendas

* Material information relating to the Root Server Advisory Committee (RSSAC) -

http://www.icann.org/committees/dns-root/ - including meeting minutes and 
information

surrounding ongoing projects

* Material information relating to the Security and Stability Advisory 
Committee (SSAC) -

http://www.icann.org/committees/security/ - including its charter, various 
presentations, work

plans, reports, and advisories

Responding to Information Requests

If a member of the public requests information not already publicly available, 
ICANN will respond, to

the extent feasible, to reasonable requests within 30 calendar days of receipt 
of the request. If that time

frame will not be met, ICANN will inform the requester in writing as to when a 
response will be

provided, setting forth the reasons necessary for the extension of time to 
respond. If ICANN denies

the information request, it will provide a written statement to the requestor 
identifying the reasons for

the denial.

Defined Conditions for Nondisclosure

ICANN has identified the following set of conditions for the nondisclosure of 
information:

* Information provided by or to a government or international organization, or 
any form of

recitation of such information, in the expectation that the information will be 
kept confidential

and/or would or likely would materially prejudice ICANN's relationship with 
that party.

* Internal information that, if disclosed, would or would be likely to 
compromise the integrity of

ICANN's deliberative and decision-making process by inhibiting the candid 
exchange of ideas

and communications, including internal documents, memoranda, and other similar

communications to or from ICANN Directors, ICANN Directors' Advisors, ICANN 
staff,

ICANN consultants, ICANN contractors, and ICANN agents.

* Information exchanged, prepared for, or derived from the deliberative and 
decision-making

process between ICANN, its constituents, and/or other entities with which ICANN 
cooperates

that, if disclosed, would or would be likely to compromise the integrity of the 
deliberative and

decision-making process between and among ICANN, its constituents, and/or other 
entities

with which ICANN cooperates by inhibiting the candid exchange of ideas and 
communications.

ICANN Management Operating Principles January 2008 11

* Personnel, medical, contractual, remuneration, and similar records relating 
to an individual's

personal information, when the disclosure of such information would or likely 
would constitute

an invasion of personal privacy, as well as proceedings of internal appeal 
mechanisms and

investigations.

* Information provided to ICANN by a party that, if disclosed, would or would 
be likely to

materially prejudice the commercial interests, financial interests, and/or 
competitive position of

such party or was provided to ICANN pursuant to a nondisclosure agreement or 
nondisclosure

provision within an agreement.

* Confidential business information and/or internal policies and procedures.

* Information that, if disclosed, would or would be likely to endanger the 
life, health, or safety of

any individual or materially prejudice the administration of justice.

* Information subject to the attorney-client, attorney work product privilege, 
or any other

applicable privilege, or disclosure of which might prejudice any internal, 
governmental, or legal

investigation.

* Drafts of all correspondence, reports, documents, agreements, contracts, 
emails, or any other

forms of communication.

* Information that relates in any way to the security and stability of the 
Internet, including the

operation of the L Root or any changes, modifications, or additions to the root 
zone.

* Trade secrets and commercial and financial information not publicly disclosed 
by ICANN.

* Information requests: (i) which are not reasonable; (ii) which are excessive 
or overly

burdensome; (iii) complying with which is not feasible; or (iv) are made with 
an abusive or

vexatious purpose or by a vexatious or querulous individual.

Information that falls within any of the conditions set forth above may still 
be made public if ICANN

determines, under the particular circumstances, that the public interest in 
disclosing the information

outweighs the harm that may be caused by such disclosure. Further, ICANN 
reserves the right to deny

disclosure of information under conditions not designated above if ICANN 
determines that the harm

in disclosing the information outweighs the public interest in disclosing the 
information.

ICANN shall not be required to create or compile summaries of any documented 
information, and

shall not be required to respond to requests seeking information that is 
already publicly available.

Appeal of Denials

To the extent a requestor chooses to appeal a denial of information from ICANN, 
the requestor may

follow the Reconsideration Request procedures or Independent Review procedures, 
to the extent

either is applicable, as set forth in Article IV, Sections 2 and 3 of the ICANN 
Bylaws, which can be

found at http://www.icann.org/general/bylaws.htm.

 

 

Victoria McEvedy

Principal 

McEvedys

Solicitors and Attorneys 

 

 

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