[NCUC-DISCUSS] Update #1 GNSO EPDP on Temporary Specification for gTLD Registration Data

[Zhou Heng]

Dear Community and EPDP WG members,


I would like to make one comment towards the Temporary Specification:


26. Please consider Appendix A: Registration Data Directory Services 
4.1.  Registrar and Registry Operator MUST provide reasonable access to Personal Data in Registration Data to third parties on the basis of a legitimate interests pursued by the third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the Registered Name Holder or data subject pursuant to Article 6(1)(f) GDPR.
 
4.2.  Notwithstanding Section 4.1 of this Appendix, Registrar and Registry Operator MUST provide reasonable access to Personal Data in Registration Data to a third party where the Article 29 Working Party/European Data Protection Board, court order of a relevant court of competent jurisdiction concerning the GDPR, applicable legislation or regulation has provided guidance that the provision of specified non- public elements of Registration Data to a specified class of third party for a specified purpose is lawful.
Registrar and Registry Operator MUST provide such reasonable access within 90 days of the
date ICANN publishes any such guidance, unless legal requirements otherwise demand an earlier implementation.


As I have said in this mail-list, ICANN is an organization running for the Global Internet Key infrastructure Resource; hence, the regulation made by ICANN should consider the opinion not only from EU, but from the Global Community. The expression from article 4.1/ 4.2 of appendix A here indicates that even if a court from China wants the details data from a registrar based in China, they may require the permission from Article 29 WG or follow the instruction from article 6(1)(f) of GDPR, which would be probably inappropriate.


If I have any  misunderstanding towards this regulation, or you have any words towards this issue, please do not hesitate to contact me. I am looking forward the response, thanks!


Best regards



--
Zhou Heng
Ph.d Candidate
Renmin University of China



在 2018-08-03 22:40:54，Amr Elsadr <aelsadr at ICANNPOLICY.NINJA> 写道：
Hi,

The first GNSO EPDP on Temporary Specification for gTLD Registration Data took place on Wednesday, 1 August 2018. The notes, action items and recordings for this call can be found on the meeting’s wiki page here: https://community.icann.org/x/ugBpBQ


As per action item 5 (which I believe should be action item 6), the NCSG appointed members and alternates are considering our responses to the first part of a 4-part survey. The first part of the survey is due on Monday, 6 August 2018 at 19:00 UTC. This deadline is in a few days, as the responses provided by the different GNSO SGs/Cs, as well as the different ICANN SOs/ACs participating in the EPDP will be reviewed during the next EPDP Team call on Tuesday, 7 August 2018.


We’ve created a google doc to collaborate on the responses we submit. You can find this google doc here: https://docs.google.com/document/d/1GcE0Q_Fq8rXF8_Dt_bcNDdp5-1uKwcRRJjKmQbnkvoQ/edit?usp=sharing


Permission rights for the google doc only allow NCSG-appointed members and alternates of the EPDP Team to comment and edit the document, but anyone with the link can view it. So if anyone within the broader NCSG membership has comments or input, please start a new thread to share and discuss those here on NCSG-DISCUSS.


For those who don’t have access to google services, staff have exported the survey questions to a MS Word document, which is attached to this email. You won’t be able to view any edits or comments made on the google doc, but this is the best we could right now (apologies for that).


If you have any additional questions for your representatives on the EPDP Team, please don’t hesitate to ask.


Thanks.


Amr








-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.ncuc.org/pipermail/ncuc-discuss/attachments/20180805/caebe90a/attachment.html>