This advice, elaborating how the various components of that sentence are not in compliance with data protection rights has been sent to ICANN in various ways since 2000 (I am rounding off there, there were certainly earlier indications of problems provided from the inception of ICANN). Does it not seem that it is time to review the wisdom of a policy that disregards privacy rights?
Kind regards,
Stephanie Perrin

Thanks, Bruce. For comparison purposes, I pasted the CCWG’s proposed language below your text.

From: <accountability-cross-community-bounces@icann.org> on behalf of Bruce Tonkin
Date: Tuesday, September 1, 2015 at 9:24 PM
To: "accountability-cross-community@icann.org"
Subject: [CCWG-ACCT] Proposed WHOIS language

Below is some suggested language regarding WHOIS reviews for consideration by the CCWG when considering what to incorporate into the bylaws regarding the AoC reviews.

Note the Board has no plans to cancel the current AoC - so the language in the AoC - still stands until the community and NTIA wish to change it.

This language however tries to contemplate an environment where we are introducing a new gTLD Directory Service as a result of policy development within the GNSO, as well as most likely continuing to run the existing WHOIS service for some time.

Regards,

Bruce Tonkin

ICANN commits to enforcing its policy relating to the current WHOIS and any future gTLD Directory Service, subject to applicable laws, and working with the community to explore structural changes to improve accuracy and access to gTLD registration data, as well as consider safeguards for protecting data.

This Review includes a commitment that becomes part of ICANN Bylaws, regarding enforcement of the current WHOIS and any future gTLD Directory Service policy requirements.

The Board shall cause a periodic Review to assess the extent to which WHOIS/Directory Services policy is effective and its implementation meets the legitimate needs of law enforcement, promotes consumer trust, and safeguards data.

The Review Team shall assess the extent to which prior Review recommendations have been completed, and the extent to which implementation has had the intended effect.

This periodic Review shall be convened no less frequently than every five years, measured from the date the Board took action on previous review recommendations.

_______________________________________________

From CCWG 2nd draft proposal, page 81:

ICANN commits to enforcing its existing policy relating to WHOIS/Directory Services, subject to applicable laws. Such existing policy requires that ICANN implement measures to maintain timely, unrestricted and public access to accurate and complete WHOIS information, including registrant, technical, billing, and administrative contact information.

This Review will consider the OECD guidelines regarding privacy, as defined by the OECD in 1980 and amended in 2013.

The Review Team shall assess the extent to which prior Review recommendations have been implemented.

This periodic Review shall be convened no less frequently than every five years, measured from the date the previous Review was convened.