[lac-discuss-en] FW: ICANN News Alert - ICANN Seeks Public Comment on 2013 RAA Data Retention Specification Data Elements and Legitimate Purposes for Collection and Retention

apisan at unam.mx apisan at unam.mx
Sat Mar 22 02:16:45 UTC 2014


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 Subject: FW: ICANN News Alert - ICANN Seeks Public Comment on 2013 RAA Data Retention Specification Data Elements and Legitimate Purposes for Collection and Retention 
 From: apisan at unam.mx

 Colleagues, 


 the so-called Annex may have significant legal implications in our region. Let us summon experts in protection of personal data and other issues related to data retention (Computational forensics, telecommunications laws, Civil Marco in the case of Brazil) to form a opininslida, if there is enough interest. 


 Alejandro Pisanty 




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 ________________________________________ 
 From: alac-announce-bounces at atlarge-lists.icann.org [alac-announce-bounces at atlarge-lists.icann.org] on behalf of ICANN At-Large Staff [staff at atlarge.icann.org] 
 Posted on: Friday, March 21, 2014 20:00 
 To: ALAC-Announce at atlarge-lists.icann.org 
 Subject: [ALAC-Announce] ICANN News Alert - ICANN Seeks Public Comment on 2013 RAA Data Retention Specification Data Elements and Legitimate Purposes for Collection and Retention 


 [Http://www.icann.org/images/gradlogo_bow.jpg] <http://www.icann.org/>
 News Alert 


 http://www.icann.org/en/news/announcements/announcement-3-21mar14-en.htm


 ________________________________ 
 ICANN Seeks Public Comment on 2013 RAA Data Retention Specification Data Elements and Legitimate Purposes for Collection and Retention 


 21 March 2014 


 ICANN has-been in discussions with a number of Registrars Regarding data retention requests waiver (&quot;Waiver Requests&quot;) submitted under the 2013 Registrar Accreditation Agreement (the &quot;2013 RAA&quot;). Some Registrars are seeking an exemption from Un certain collection and / or retention requirements under the Data Retention Specification (the &quot;Specification&quot;) of the 2013 RAA. Section 2 of the Data Retention Specification sets forth requirements Regarding the written materials to register must submit in support of its good faith determination That the collection and / or retention of any data element specified in the Specification Violates applicable law, and Following Provides that notice to ICANN of the Waiver Request, ICANN and the applicable Register Shall discuss the matter in good faith in an effort to reach a mutually acceptable resolution of the matter. An update on the 2013 RAA data retention and the waiver process can be found here: http://b
 log.icann.org/2014/02/update-on-2013-raa-and-data-retention-waiver-process/


 ICANN staff Understands That data Should be Treated in Accordance with applicable data protection laws, que Generally staff retention and permit gathering of data for legitimate purpose (s). ICANN Also Understands That the law may vary from country to country as to (i) what is Considered a legitimate purpose, (ii) Whether the data is adequate staff, relevant and not excessive in relation to the legitimate purpose for Which They are collected and (iii) for how long Un certain data elements be Retained May. In other words, what is Considered a legitimate purpose for collection of data in one country Un Certain May not be Considered a legitimate purpose in another country. 


 During ICANN's discussions in an effort to reach a acceptable mutually resolution of the matter, some Registrars have Requested That ICANN (a) AMclarify and better define Un certain data elements Described in the Data Retention Specification That the Registrars Maintain are not Clearly defined, and (b ) describes Potentially legitimate ministering purposes for collection and retention of each data element That would help for Registrars Provide guidance as to Whether Such Both elements Lawfully May be collected, and, if so, for how long Such elements Lawfully Might be Retained.


 In response to requests from some These Registrars, ICANN is posting for public comment a document seeking to AMclarify what is meant by Un certain data elements Described in the Specification and Describing Data Retention Potentially legitimate ministering purposes for collection and retention of Those data elements. That document can be found here <http://www.icann.org/en/resources/registrars/raa/draft-data-retention-spec-elements-21mar14-en.pdf> [PDF, 116 KB]. The document will be posted for a period of thirty (30) days to seek feedback and input from the community on (i) Whether the data elements are Appropriately described, (ii) Whether the cited ministering purposes for collection and retention are Appropriate and legitimate, and (iii) Whether there are other legitimate Potentially ministering purposes for collection and retention of data Such elements. After the thirty (30) day period has expired Following this posting, ICANN Will Consider all feedback and input recei
 ved in Connection with Ongoing discussions ICANNs to reach a mutually acceptable resolution of Waiver Requests. In the interim, ICANN will continue its Ongoing discussions to reach a mutually acceptable resolution of Waiver Requests with Single Registrars With the goal of additional Granting Waiver Requests as and when to Appropriate.


 A public comment period will REMAIN open until 11:59 p.m. PDT / California, 21 April 2014. Public comments will be available for consideration by ICANN staff and the ICANN Board. 


 * Comments can be posted to: comments-retention-21mar14 at icann.org <mailto:comments-retention-21mar14 at icann.org>
 * Comments can be viewed at: http://forum.icann.org/lists/comments-retention-21mar14/ 


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