No, you have lots of company.

-----Original Message-----
From: at-large-bounces@atlarge-lists.icann.org
[mailto:at-large-bounces@atlarge-lists.icann.org] On Behalf Of Roberto
Gaetano
Sent: Sunday, December 13, 2015 10:52 AM
To: at-large@atlarge-lists.icann.org
Subject: [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

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@atlarge-lists.icann.org 
[mailto:alac-announce- bounces@atlarge-lists.icann.org] Per conto di 
ICANN At-Large Staff
Inviato: giovedì 10 dicembre 2015 04:03
A: alac-announce@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@icann.org<mailto:comments-ascio-technologies-
09dec15@icann.org>
  *   Comments can be viewed at: http://forum.icann.org/lists/comments-
ascio-technologies-09dec15/

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