[lac-discuss-en] Fwd: ICANN News Alert - Notice of Potential Register Data Retention Grant of Waiver Request
fatimacambronero at gmail.com
fatimacambronero at gmail.com
Wed May 7 23:43:46 UTC 2014
[[--Translated text (es -> en)--]]
Subject: Fwd: ICANN News Alert - Notice of Potential Register Data Retention Grant of Waiver Request
From: fatimacambronero at gmail.com
Dear,
Reenviesta information that ICANN has published on a topic that we were
following and discussing here: Description Order Specification
Data retention elements and potentially propsitos legtimos for
the recoleccin / data-retention RAA 2013.
This is a practical example of this topic is a logger that
exencina requesting the retention of data. Also, if this exencin
was approved by ICANN may extend to the dems recorders
this country for violating their data protection laws. The recorder is
Blacknight Internet Solutions Ltd. and pas Ireland.
This matter now estabierto to public comment.
As I had suggested recordarn from my point of view, this was a
issue that our organizations will be able to follow the national level, as
some countries of our region do not have laws on protection of
data, and those laws have some differences.
In our case we were not able to follow up on this matter. Some
their organizations he has worked on the subject? It will be interesting to know if
did qumanera and to have some models of our region.
Best Regards,
Fatima Cambronero
---------- Forwarded message ----------
From: ICANN News Alert <communications at icann.org>
Date: 07/05/2014 20:07 GMT-03: 00
Subject: ICANN News Alert - Notice of Potential Grant of Register Data
Retention Waiver Request
To: fatimacambronero at gmail.com
[Image: ICANN] <http://www.icann.org/> News Alert
http://www.icann.org/en/news/announcements/announcement-07may14-en.htm
------------------------------
Notice of Potential Register Data Retention Grant of Waiver Request
, 7 May 2014
Blacknight Internet Solutions Ltd. ("Blacknight") submitted to data
retention waiver request under the 2013 Registrar Accreditation Agreement
(The "2013 RAA") on the basis of its contention That compliance With the
data collection and / or retention requirements of the Specification Violates
applicable law.
The Waiver Request was Accompanied by a legal counsel review from Irish
That asserting compliance With the data collection and / or retention
Specification requirements of the Data Retention Violates Ireland Acts 1998
- 2003.
Following receipt of the Waiver Request, and in Accordance With the 2013
RAA, ICANN, through its staff and legal counsel, and Blacknight, through
its staff and legal counsel, discussed This the matter in good faith in an
effort to reach a mutually acceptable resolution of the matter.
The outcome of discussions Those Is that Blacknight is seeking a waiver
with Respect to Sections 1.1.1 through 1.1.8 of the Specification That
would reduce from two years to one year the period for Which Those
specified data elements must be Retained after the Registrar's sponsorship
Registration of the ends, and is seeking a waiver with Respect to Sections
1.2.1 through 1.2.3 of the Specification That would reduce from 180 days to
90 days for the period specified data elements Those Which Must Be Retained
Following the relevant interaction.
ICANN is posting Blacknight's Proposed waiver for a period of thirty (30)
days to seek feedback and input from the community on the Proposed dates
retention waiver. After the thirty (30) day period Following this posting
has expired, ICANN Will Consider all feedback and input received before
making a determination on the end Whether to grant the Waiver Request.
The scope of the Proposed waiver would be to permit Blacknight to Maintain
the information specified in Sections 1.1.1 through 1.1.8 of the
Specification for the duration of its sponsorship of the Registration and
for a period of one (1) additional year thereafter rather than two (2)
additional years thereafter, and to Maintain the information specified in
Sections 1.2.1 through 1.2.3 of the Specification for a period of 90 days
after the relevant interaction rather than for 180 days thereafter. In all
other respects the terms of the Specification would REMAIN AS-IS.
The specific change to the Specification would not be that, for the duration of
the Waiver, the retention requirement of Section 1.1 of the Data Retention
Specification be changed from "two additional years" to "one additional
year "and the retention requirement of Section 1.2 of the Data Retention
Specification would be changed from "one hundred eighty (180) days" to
"Ninety (90) days."
If ICANN does make a determination to grant the Final Waiver Request Sought
by Blacknight, the Provisions of Section 3 of the Specification would apply
Similar to other waivers Requested by registrars located in the same
jurisdiction. Section 3 of the Specification Provides as follows:
If (i) ICANN has with previously waived compliance With the requirements of any
Data Retention requirement of this Specification in response to a Waiver
Request from a record That is located in the same jurisdiction as
Register and (ii) Register is subject to the same applicable law That
gave rise to ICANN's agreement to grant Such wavier, May Register request
That ICANN to grant a waiver like, que request Shall be approved by
ICANN, ICANN Provides Unless Register with a reasonable justification for
Such request not approving, In Which Case Register May thereafter make an
Wavier Request pursuant to Section 2 of this Specification Data Retention.
A public comment period will REMAIN open until 23:59 UTC 7 June 2014.
Public comments will be available for consideration by ICANN staff and the
ICANN Board.
Blacknight's Waiver Request and supporting documents are available
here: Blacknight
Data Retention and Supporting Waiver Request
Materials <http://www.icann.org/en/resources/registrars/updates/retention/waiver-request-blacknight-17sep13-en.pdf> [PDF,
1.73 MB]
Comments can be posted to: comments-blacknight-07may14 at icann.org
Comments can be viewed at:
http://forum.icann.org/lists/comments-blacknight-07may14/
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* Fatima * Cambronero
Attorney-Argentina
Phone: +54 9351 5282 668
Twitter: @ facambronero
Skype: fatima.cambronero
_______________________________________________
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