[lac-discuss-en] Fwd: ICANN News Alert - Advisory Concerning Register Obligations to Provide Data to ICANN Pursuant to Section 3.4.3 of the 2013 RAA

apisanty at gmail.com apisanty at gmail.com
Sat Jun 6 00:24:22 UTC 2015


[[--Translated text (es -> en)--]]

 Subject: Fwd: ICANN News Alert - Advisory Concerning Register Obligations to Provide Data to ICANN Pursuant to Section 3.4.3 of the 2013 RAA 
 From: apisanty at gmail.com

 Colleagues, 


 just got this note from ICANN. Informed about procedures 
 by which the "registrars" (registrars) Domain Name 
 must provide related generic domain names data 
 whose registration have been processed, as well as exceptions and limitations 
 Possible adjustments in these cases. 


 Since our organizations have an explicit responsibility 
 defending the interests of users, and this information relates "to 
 necessario "personal data of registrants, consider interest 
 LACRALO criteria is formed on these exchanges 
 information and possibly prepare an information document oriented 
 users in the region.In case of being in disagreement, proceed 
 to form a consensus view and communicate it to the various levels of 
 ICANN through which it is possible to propose changes to a 
 policy like this. 


 Surely some of you. Will be better aware of the discussions and 
 negotiations, complex and contentious moments, which have led to this 
 document. All this will feed the interest of the discussion. 


 Sincerely, 


 Alejandro Pisanty 


 ---------- Forwarded message ---------- 
 From: ICANN At-Large Staff <staff at atlarge.icann.org>
 Date: Fri, June 5, 2015 at 6:42 PM 
 Subject: [ALAC-Announce] ICANN News Alert - Advisory Concerning Register 
 Obligations to Provide Data to ICANN Pursuant to Section 3.4.3 of the 2013 
 RAA 
 To: &quot;alac-announce at atlarge-lists.icann.org&quot; &lt; 
 alac-announce at atlarge-lists.icann.org&gt; 






   [Image: ICANN] <http://www.icann.org/> News Alert 


 https://www.icann.org/news/announcement-2015-06-05-en 
 ------------------------------ 
 Advisory Concerning Register Obligations to Provide Data Pursuant to ICANN 
 to Section 3.4.3 of the 2013 RAA 


 5 June 2015 


 Section 3.4.3 of the 2013 Registrar Accreditation Agreement (the &quot;2013 
 RAA &quot;) requires registrars to Provide Certain data, information, and records 
 to ICANN upon request and Incorporates a procedure by Which ICANN and 
 registrars can agree to limitations, protections, or alternative solutions 
 in the event to register Believes Such That the provision of data to ICANN 
 would violate applicable law or legal proceedings. 


 Several registrars Have Requested clarification from ICANN Regarding the 
 2013 RAA's procedure for discussing and agreeing on Appropriate 
 limitations, protections, or alternative solutions for production of data, 
 information, records or Requested by ICANN. In particularly, registrars unavailable 
 Told That ICANN meaningful discussions of Potentially Relevant legal issues 
 That requires ICANN Identify


 (I) the purposes for ICANN Which is Requesting Such data, information, or 
 records; 
 (Ii) how ICANN Intends to use Such data, information, or records; and 
 (Iii) Which duration for ICANN Intends to Retain Such data, information, or 
 records.1 &lt;  https://www.icann.org/news/announcement-2015-06-05-en#foot1> 


 The following advisory outlines the Relevant Provisions of the 2013 RAA and 
 That Explains the steps ICANN will take upon a registrar's request if ICANN 
 seeks access to data, information, or records pursuant to Section 3.4.3 of 
 the 2013 RAA. 
 Relevant Provisions of the 2013 RAA 


 Section 3.4.3 of the 2013 RAA provides: 


 3.4.3 During the Term of esta Agreement and for two (2) years thereafter, 
 Shall make the record data, information and records specified in esta 
 Section 3.4 available for inspection and copying by ICANN upon reasonable 
 notice.In Addition, upon reasonable notice and request from ICANN, 
 Register Shall Such deliver copies of data, information and records to 
 ICANN limited in respect to transactions or Circumstances That May be the 
 subject of a compliance-related inquiry; provided, however, That Such 
 Shall obligation not apply to requests for copies of the Register's Entire 
 database or transaction history. Such copies are to be provided at 
 Registrar's expense. In responding to ICANN's request for delivery of 
 electronic data, information and records, submit Such Register May 
 information in a format reasonably acceptable and convenient to Register 
 to ICANN so as to minimize disruption to the Registrar's business. In the 
 Register Believes That event the provision of any such data, information 
 or records to ICANN would violate applicable law or any legal proceedings, 
 ICANN and Registrar agree to discuss in good faith Whether Appropriate 
 limitations, protections, or alternative solutions can be Identified to 
 Such allow the production of data, information or records in complete or 
 redacted form, as Appropriate.ICANN Shall not disclose the content of Such 
 data, information or records except as required by applicable EXPRESSLY 
 law, any legal proceeding or Specification or Policy. 


 Procedure for Data To Be Made Available to ICANN 


   1. If, pursuant to Section 3.4.3, Provides notice to ICANN to register 
   Requiring that (1) data, information, or records be made available to ICANN 
   for inspection or copying; or (2) That data, information or records be 
   delivered to ICANN, the record May request, in writing (with email 
   Deemed sufficient), ICANN That Provide a written description to Specifying 
   a reasonable extent: (a) the data, information, and records That are the 
   subject of the request; and (b) the purpose, treats including identification of 
   the envisaged transfers to third parties and the purpose of Such transfer, 
   Which Maintains That ICANN for access to or a copy of the data, 
   information, and records is Necessary (the &quot;Access Description Purpose&quot;). 
   2.ICANN will, upon the written request of the record, Provide the 
   With the Access Purpose record Description in writing (with email Deemed 
   sufficient). With respect to the purpose, ICANN is limited to one or more 
   of the purposes Described in the draft document &quot;Description of 2013 RAA 
   Specification Data Retention data elements and Potentially legitimate 
   purposes for collection / retention &quot;that was posted on 21 March 2014 (the 
   &quot;Description&quot;) as it May be modified by ICANN from time to time. Any future 
   Changes to the Description must be in Line with the law and regulations 
   applicable to the registrars, Including but not limited to rules on the 
   processing of data for purposes Which are not incompatible With the 
   legitimate purpose for Which the Data Were Collected originally. ICANN will 
   work in good faith to Agree with the Registrar on Appropriate levels of 
   data protection, if applicable, and, Respecting Necessary to any Safeguards 
   Achieve th purpose (eg, Standard Contractual Clauses, If appropriate). 
   3.If an Access Description Purpose is to register and Requested by 
   provided by ICANN, ICANN will not process or use the data, information, and 
   records for any purpose other than Those Stated in the Access Purpose 
   Description. This does not exclude from issuing a further ICANN Access 
   Purpose Description, Referring to one or more purposes listed in the 
   Description, if another purpose Becomes Relevant Such With respect to data, 
   information, and records and is in Line with the law and regulations 
   applicable to the registrars, Including but not limited to rules on the 
   processing of data for purposes Which are not incompatible With the 
   legitimate purpose for Which the Data Were Collected originally.Ace 
   provided in Section 3.4.3 of the 2013 RAA, ICANN will not disclose the 
   Such content of data, information, or records to a third party except as 
   EXPRESSLY required by applicable law; any legal proceeding; or 
   Or Policy Specification (as defined in the 2013 RAA) in Line with the law 
   and regulations applicable to the registrars, Including but not limited to 
   rules on the processing of data for purposes Which are not incompatible 
   With the legitimate purpose for Which the Data Were Collected originally; 
   and, to the extent applicable, in Line with any &quot;onward transfer 
   requirements &quot;Safeguards to Which ICANN has stipulated to Ensure 
   Appropriate levels of data protection on part of ICANN (eg, Standard 
   Contractual Clauses, If appropriate).If ICANN is required to disclose the 
   content of the data, information or records in Accordance With The 
   PRECEDING sentence, it will notify the register Immediately Involved in 
   writing (with email Deemed sufficient) of the grounds for the order or 
   requirement, the party to Whom the data must be Disclosed and the Stated 
   purpose of the disclosure, as well as the legal Means available to Oppose 
   Such disclosure, if and to the extent Stated in the order or requirement, 
   UNLESS and to the extent EXPRESSLY Such notification is prohibited by law 
   or court order. 
   4. ICANN will delete the data, information, and records if and When They 
   are no longer required for the purpose (s) Stated in the Access Purpose 
   Description (s), subject to adherence to any retention requirements mandated 
   by law, if any.


 If a record Believes That the provision of any such data, information, 
 or records to ICANN would violate applicable law or any legal proceedings, 
 any ensuing good faith discussions Between ICANN and the record will 
 take into consideration the purposes September forth in the Access Purpose 
 Description provided by ICANN. Those in good faith discussions, ICANN would 
 take into account, without limitation any legal opinion Submitted by the 
 Nationally Recognized record from a law firm in the applicable 
 jurisdiction and, in particular the rulings or guidance provided by a 
 EU national or governmental body of competent jurisdiction Including 
 Authorities Relevant data protection, as well as the requirement of Section 
 3.7.2 2013 RAA That record Shall abide by applicable laws and 
 governmental regulations. 


 If good faith discussions are ongoing Between ICANN and the registration as 
 Indicated above, ICANN would refrain from Commencing a compliance procedure 
 against the record for breach of Section 3.4.3 of the 2013 RAA for a 
 reasonable period of time with the goal of Allowing the good faith 
 Facilitate discussions to a resolution. 
 ------------------------------


 1 &lt;  https://www.icann.org/news/announcement-2015-06-05-en#note1>In 
 With ICANN discussions, Most registrars Have Acknowledged That legitimate 
 purposes exist for the retention of the data elements specified in Articles 
 1.1 and 1.2 of the Data Retention Specification (the &quot;Specification&quot;) of 
 2013 RAA, but some registrars Have called for clarification of the 2013 
 RAA's process for ICANN's request for data from a register to Ensure a 
 consistent use of the data, Which is not addressed by the waiver process 
 Described in the Specification. 




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