Hi all , I have added a few words about compliance and the implantation of the policy and hence propose the following minor edits to recommendation number 12

"

The EPDP Team recommends that ICANN org and the contracted parties develop a mechanism that allows ICANN Contractual Compliance to audit response times to the requests.

The EPDP recommends that the implementation of this policy includes requirements of acknowledgement of recipient of requests and the response to such requests, criteria for a " Reasonable Request for lawful Disclosure" and a mechanism that allows ICANN Contractual Compliance to audit response time to the requests.

The implementation of this policy will include at a minimum "

The above is to replace

"The EPDP Team recommends that criteria for a “Reasonable Request for Lawful Disclosure” and the requirements for acknowledging receipt of a request  and response to such request will be defined as part of the implementation[Kristina 1] of these policy recommendations but will include at a minimum: "  

Hadia

From: Gnso-epdp-team [mailto:gnso-epdp-team-bounces@icann.org] On Behalf Of Hadia Abdelsalam Mokhtar EL miniawi
Sent: Wednesday, February 06, 2019 12:32 PM
To: Marika Konings; Sarah Wyld; gnso-epdp-team@icann.org
Subject: Re: [Gnso-epdp-team] Recommendation 12 - Reasonable Access

Hi all, the below comments are on behalf of Alan G

the proposal.

1. still does not set an expectation that although SOME requests may take the specified limit, not all should. Nor does it seem to imply that the Contractual Compliance has any ability to audit response times.

2. I find the reference to "GDPR legal bases" problematic. For example, under the current proposals, a registrar who is operating full outside of the EU mat redact information for legal persons and for natural persons not subject to the GDPR. What is the GDPR legal basis for requesting information on such registrations. According to GDPR there was no need for redaction to begin with, so a registrar can refuse to provide any results with full impunity.

From: Gnso-epdp-team [mailto:gnso-epdp-team-bounces@icann.org] On Behalf Of Marika Konings
Sent: Tuesday, February 05, 2019 11:43 PM
To: Sarah Wyld; gnso-epdp-team@icann.org
Subject: Re: [Gnso-epdp-team] Recommendation 12 - Reasonable Access

Thanks, Sarah.

EPDP Team members, as this topic is included in the agenda for tomorrow’s meeting, please share any issues or concerns your group may have with the modified language prior to the meeting, if possible. Staff has taken the liberty to fix some formatting issues in the attached version (some of the sub-bullets did not appear properly).

Best regards,

Caitlin, Berry and Marika

From: Gnso-epdp-team <gnso-epdp-team-bounces@icann.org> on behalf of Sarah Wyld <swyld@tucows.com>
Organization: Tucows
Date: Tuesday, February 5, 2019 at 12:31
To: "gnso-epdp-team@icann.org" <gnso-epdp-team@icann.org>
Subject: [Gnso-epdp-team] Recommendation 12 - Reasonable Access

Hello All,

As discussed on today's call, here is the proposed revised Rec. 12 from RySG/RrSG. Thank you.

-- 
Sarah Wyld
Domains Product Team
Tucows
+1.416 535 0123 Ext. 1392
 
 

On 1/31/2019 11:31 PM, Kurt Pritz wrote:

Hello Everyone: 
 
Thanks again for your perseverance. And - thank you in advance for your spirit of cooperation and compromise in considering the attached. We have spent the last few days reviewing the transcripts and other records of our recent discussions and then amending the Final Report Recommendations - taking into account the Initial Report Recommendations, the small team work, the conclusions in Toronto and these last several meetings. 
 
The Recommendations included here are: 
 
Recommendation 5 - Data elements to be transferred from Registrars to Registries
Recommendation 10 - Email communication
Recommendation 12 - Reasonable Access
Recommendation 14 - Responsible Parties
 
[Not included are Rec. 13 (sent earlier) and Rec. 11 and the Research Purpose (to be sent tomorrow.]
 
Each of these documents has a brief forward containing a description of the pertinent discussion and an explanation for choosing the wording in the Recommendations. They each then contain the Recommendation as originally written and a redline of the proposed recommendation based on the most recent discussions.  Please read the entire documents (they are not long), and not just the recommendation itself.
 
I am certainly not asking for you to stand silently by if you disagree with these Recommendations because they would negatively impact GDPR compliance. I am asking that you study the balancing that went into this and be ready to accept wording in cases where it does not match your own choice. 
 
Please review with your groups and return to us by Monday so that we can put any of these on the Tues/Wed/Thur agendas. 
 
Sincerely,
 
Kurt
 

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---

[Kristina 1]see previous comment about IRT/actor