[At-Large] I: [ALAC-Announce] ICANN News Alert -- Notice of Preliminary Determination To Grant Registrar Data Retention Waiver Request for Ascio Technologies, Inc. Danmark - filial af Ascio Technologies, Inc. USA

[Alan Greenberg]

No, you are far from the only one...

Alan 
-- 
Sent from my mobile. Please excuse brevity and typos.

On December 13, 2015 3:52:23 PM EST, Roberto Gaetano <roberto_gaetano at hotmail.com> wrote:
>I am just wondering how much this overhead does cost.
>Instead of complying with European law, ICANN has chosen to disregard
>it,
>and now is obliged to grant waivers one by one to European registrars.
>Am I the only one who thinks that this is plain silly?
>Cheers,
>R.
>
>
>
>> -----Messaggio originale-----
>> Da: alac-announce-bounces at atlarge-lists.icann.org
>[mailto:alac-announce-
>> bounces at atlarge-lists.icann.org] Per conto di ICANN At-Large Staff
>> Inviato: giovedì 10 dicembre 2015 04:03
>> A: alac-announce at atlarge-lists.icann.org
>> Oggetto: [ALAC-Announce] ICANN News Alert -- Notice of Preliminary
>> Determination To Grant Registrar Data Retention Waiver Request for
>Ascio
>> Technologies, Inc. Danmark - filial af Ascio Technologies, Inc. USA
>> 
>> 
>> [ICANN]<http://www.icann.org/>
>> News Alert
>> 
>> https://www.icann.org/news/announcement-2015-12-09-en
>> 
>> ________________________________
>> Notice of Preliminary Determination To Grant Registrar Data Retention
>> Waiver Request for Ascio Technologies, Inc. Danmark - filial af Ascio
>> Technologies, Inc. USA
>> 
>> 9 December 2015
>> 
>> ICANN has made a preliminary determination that it is prepared to
>grant a
>> data retention waiver request submitted by Registrar Ascio
>Technologies,
>> Inc. Danmark - filial af Ascio Technologies, Inc. USA ("Ascio") under
>the
>2013
>> Registrar Accreditation Agreement (the "2013 RAA"). Section 2 of the
>Data
>> Retention Specification (the "Specification") of the 2013 RAA
>provides
>that
>> prior to granting any exemption under the Specification, ICANN will
>post
>its
>> determination on the ICANN website for a period of thirty (30)
>calendar
>days.
>> 
>> Pursuant to Section 2 of the Specification, Ascio has submitted to
>ICANN a
>> Registrar data retention waiver request ("Waiver Request") on the
>basis of
>> Ascio's contention that compliance with the data collection and/or
>retention
>> requirements of the Specification violates applicable law in Denmark.
>> 
>> The Waiver Request was accompanied by a written legal opinion from a
>> nationally recognized law firm citing section 5 (5) of the Danish Act
>on
>> Processing of Personal Data of 31 May 2000 (the "DPPD"). That section
>> provides as follows (the following is an unofficial English
>translation
>from
>> Danish):
>> 
>> Section 5 (5).
>> 
>> The data collected may not be kept in a form which makes it possible
>to
>> identify the data subject for a longer period than is necessary for
>the
>> purposes for which the data are processed.
>> 
>> Following receipt of the Waiver Request, and in accordance with the
>2013
>> RAA, ICANN through its legal counsel and Ascio discussed the matter
>in
>good
>> faith in an effort to reach a mutually acceptable resolution of the
>matter.
>> 
>> The outcome of those discussions is that Ascio is seeking a waiver
>with
>> respect to Sections 1.1.1 through 1.1.8 of the Specification that
>seeks to
>> reduce from two years to one year the period for which these
>specified
>data
>> elements must be retained after the Registrar's sponsorship of the
>> Registration ends.
>> 
>> ICANN has determined on a preliminary basis that it is prepared to
>grant
>the
>> Waiver Request. ICANN is posting this preliminary determination for a
>period
>> of thirty (30) calendar days to seek feedback and input from the
>community
>> on the proposed data retention waiver. After the thirty (30) calendar
>day
>> period following this posting has expired, ICANN will consider all
>feedback
>> and input received before making a final determination on whether to
>grant
>> the Waiver Request.
>> 
>> The scope of the proposed waiver would be to permit Ascio 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. In
>> all other respects the terms of the Specification would remain AS-IS.
>> 
>> The specific change to the Specification would 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."
>> 
>> If ICANN does make a final determination to grant the Waiver Request
>> sought by Ascio, the provisions of Section 3 of the Specification
>would
>apply
>> to similar waivers requested by other registrars located in Denmark
>and
>> subject to Danish law. Section 3 of the Specification provides as
>follows:
>> 
>> If (i) ICANN has previously waived compliance with the requirements
>of any
>> requirement of this Data Retention Specification in response to a
>Waiver
>> Request from a registrar that is located in the same jurisdiction as
>Registrar
>> and (ii) Registrar is subject to the same applicable law that gave
>rise to
>> ICANN's agreement to grant such waiver, Registrar may request that
>ICANN
>> to grant a similar waiver, which request shall be approved by ICANN,
>unless
>> ICANN provides Registrar with a reasonable justification for not
>approving
>> such request, in which case Registrar may thereafter make an Wavier
>> Request pursuant to Section 2 of this Data Retention Specification.
>> 
>> The Registrar's Waiver Request and supporting documents are available
>> here:
>https://www.icann.org/en/system/files/files/waiver-request-ascio-
>> technologies-09dec15-en.pdf [PDF, 6.39 MB]
>> 
>> A public comment period will remain open until 23:59 UTC, 11 January
>2016.
>> Public comments will be available for consideration by ICANN staff
>and the
>> ICANN Board.
>> 
>>   *   Comments can be posted to: comments-ascio-technologies-
>> 09dec15 at icann.org<mailto:comments-ascio-technologies-
>> 09dec15 at icann.org>
>>   *   Comments can be viewed at:
>http://forum.icann.org/lists/comments-
>> ascio-technologies-09dec15/
>
>
>
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