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 simi
 lar
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/