[gnso-thickwhoispdp-wg] Feedback concerning legal review

[Marika Konings <marika.konings@xxxxxxxxx>]

Dear All,

Following our meeting yesterday, I spoke to my colleagues in the legal team
and wanted to clarify some things in relation to the possible 'legal
review'. As I've mentioned before, they are kept in the loop throughout the
working group discussions which already allows them to raise any potential
red flags during that part of the process as well as during the
implementation process. However, their main focus is on assuring that any
policy recommendations do not conflict or contradict any existing ICANN
policies or legal requirements applicable to ICANN. They are not in a
position to provide advice to individual parties in different jurisdictions
on whether or not the proposed policy recommendations are in potential
violation of local laws. This is the responsibility of the party affected
and as most of you know there are several mechanisms in place by which the
affected party can work with ICANN to request an exemption (see for example
http://www.icann.org/en/resources/registrars/whois-policies-provisions#2 and
http://www.icann.org/en/resources/registrars/updates/retention/waiver-reques
t-process).

Separately, I wanted to share with you the attached memo that has been
prepared for the EWG concerning data protection considerations applicable
for the collection of gTLD registration data in the Proposed Centralized and
Federated Database Systems. Although this is not specific to our discussion
on thick vs. thin, it does hopefully show that data protection and privacy
considerations are seriously considered in other efforts that are dealing
with Whois. Also, there is a specific section on restrictions on personal
data transfer which may help inform the development of the implementation
plan and any potential safeguards that may need to be considered.

Best regards,

Marika

Attachment: Memo to EWG re gTLD Registration Data and International Data Privacy Considerations.pdf
Description: Adobe PDF document

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