[EURO-Discuss] Fwd: [So-ac-sg-cleaders] Data Protection and Privacy Update - ICANN Blog by Akram Atallah, Theresa Swinehart

Olivier MJ Crépin-Leblond ocl at gih.com
Thu Oct 19 06:55:23 UTC 2017


Hello all,

since privacy is a major topic for EURALO ALSes - here's an update.

-------- Forwarded Message --------
Subject: 	[So-ac-sg-cleaders] Data Protection and Privacy Update - ICANN
Blog by Akram Atallah, Theresa Swinehart
Date: 	Thu, 19 Oct 2017 00:45:16 +0000
From: 	David Olive <david.olive at icann.org>
To: 	so-ac-sg-cleaders at icann.org <so-ac-sg-cleaders at icann.org>



https://www.icann.org/news/blog/data-protection-and-privacy-update

 

*Data Protection and Privacy Update*

ata protection privacy update 753x425 18oct17 en

There has been a lot of activity since our last update
<https://www.icann.org/news/blog/data-protection-and-privacy-progress-update-and-next-steps>
on 11 September. Here's a brief recap on where we are and a look-ahead
at upcoming activities.

On 4 October we held a webinar to discuss data protection/privacy
activities related to the European Union's General Data Protection
Regulation (GDPR)
<http://ec.europa.eu/justice/data-protection/reform/index_en.htm>. If
you missed it, we have published the presentation, audio recordings and
transcripts in multiple languages, and responses to unanswered questions
on our data protection/privacy page
<https://www.icann.org/dataprotectionprivacy>. The user story matrix can
also be found on this page.

As previously communicated, we engaged the European law firm Hamilton to
provide an independent legal analysis, that will be developed in phases.

We are pleased to note that the first part of the initial independent
legal analysis was published
<https://www.icann.org/en/system/files/files/gdpr-memorandum-part1-16oct17-en.pdf>
[PDF, 252 KB] today, which includes an appendix with the general
questions we provided to Hamilton as "food for thought" in analyzing
GDPR in relation to gTLD registration data.

This first memo focuses on potentially challenging areas with existing
requirements for registries and registrars to provide open, publicly
available WHOIS services. It provides a general overview of key concepts
in the GDPR (e.g. personal data, consent, the role of data controllers
and processers and data protection authorities, etc.) and how these
concepts relate to gTLD WHOIS services.

The memo highlights the complexity of these issues in the domain name
space, and concludes that the current open, publicly available WHOIS
services cannot remain unchanged. The WHOIS system has to become
adaptable to address the GDPR from the European perspective, as well as
other changing regulations around the world.

Since GDPR will likely effect how WHOIS data is displayed, it could
impact our ability to maintain a single global WHOIS system. In turn,
this will likely impact either ICANN's agreements or its ability to
enforce contractual compliance of its agreements using a single and
consistent approach. In the short term, we need to work together to
understand the scope of this impact and find the right balance between
maintaining the current WHOIS services and compliance with local laws.

On the engagement front we continued to interact with a range of
stakeholders to raise awareness about ICANN's privacy- and data
protection- related work. We participated in the annual international
DPAs conference <https://www.privacyconference2017.org/eng/index.html>
in Hong Kong, the European Commission's High Level Group on Internet
Governance and the CENTR General Assembly
<https://www.centr.org/events/upcoming-events/58th-centr-general-assembly.html>
in Brussels, where GDPR was a major topic of discussion. These events
provided a further opportunity to hear many perspectives and learn about
existing practices in this area.

Next up is ICANN60 <https://meetings.icann.org/en/abudhabi60>, which
will be held in Abu Dhabi, and is just around the corner. We encourage
you to attend the cross-community "General Data Protection Regulation
(GDPR) Implications for ICANN"
<https://schedule.icann.org/event/CbHj/cross-community-session-general-data-protection-regulation-gdpr-implications-for-icann>
session, which is planned for Thursday, 2 November at 10:30am local time
(UTC +4). Remote participation is offered if you can't be there in person.

*A Look Ahead*

ICANN, like many other organizations, is looking at the new regulation
to see how it is relevant and determine how best to comply with the new
framework with respect to the data we collect and process for internal
and external services, as well as the implications for the ICANN
community and its policies and procedures more widely.

As a reminder, this legal analysis is intended to serve as building
block for community discussions about how to approach GDPR issues in the
domain name space.

Here's where we need help from the multistakeholder community:

Please review the initial legal analysis and provide feedback. This
includes identifying possible questions, and how best to interact with
data protection agencies and others to get to the next step of the analysis.

It will be helpful to receive your feedback at the earliest opportunity,
so as to inform the upcoming discussions at ICANN60, and to feed into
future iterations of the legal analysis. Either reach out to us directly
or email gdpr at icann.org <mailto:gdpr at icann.org>.

For those of you traveling to Abu Dhabi, we wish you safe travels and
look forward to seeing you in person. If you aren't making the trip, we
hope you will participate remotely.

 

 

David A. Olive
Senior Vice President

Policy Development Support
Internet Corporation for Assigned Names and Numbers (ICANN)

 

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