At 2022-02-24 05:11 PM, Michael Palage wrote:
Hello Everyone,
Over the past couple of weeks there has been a recurring theme in our calls and in some of the side discussions that I have had with some members regarding about how the potential lack of a Data Processing Agreement between ICANN Org and the Contracting Parties might negatively impact our future work and/or recommendations.
Therefore I would like to propose to the group for their consideration the following additional questions that we may want to propose to ICANN Org as we continue our work:
; âIs ICANN able to access registration data under the GDPR on the basis that it has a legitimate interest in checking the accuracy of the data? Has ICANN ever received or plans to receive legal advice on this particular topic?
I vaguely recall that there was mention made of ICANN Org requesting clarification from the EDPB on whether such access was allowed (presuming honouring of trans-border data issues). So you may wish to include a question about whether ICANN Org has or plans to consult the EDPB.
Does ICANN believe that the Data Protection Agreement between itself and the Contracted Parties is a necessary legal requirement for requesting and receiving this data, and if so for what legal reason?"
I would include any appliable joint-controller agreements, as such an arrangement was one of the underlying assumptions in thhe EPDP Phase 2 report (section 3.3). Alan
As always I welcome any thoughts and or considerations?
Best regards,
Michael
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