Volker,

Thanks.  I agree partly.  The real issue is whether contact data is to be made available to requesters.  The default for natural persons is no and the default for legal persons is yes.  There are definitely circumstances where the default does not apply.  Some natural persons may wish for their contact information to be available, and some legal persons may wish their contact information not to be available.

I disagree with the idea that personal contact information contained in a legal person's registration should result in protecting that information.  Instead, it is the obligation of the legal person to not put personal information if they do not want it available.  Otherwise, it must be presumed they have chosen to make it visible.

With respect to your comment about not front loading the information gathering, I believe the picture I presented definitely includes your idea.  In my picture, either the preliminary step or the later step might be null.

Steve




On Wed, Feb 24, 2021 at 9:41 AM Volker Greimann <vgreimann@key-systems.net> wrote:
Hi Steve,
thank you for your helpful proposal.

I think it misses the mark on two essential points however:
1) Legal vs natural is the wrong differentiation. I believe we already moved past this on the legal team, and are close to agreeing the correct differentiation would be the following:
a) contains personal information
b) does not contain personal information
This, we believe is the correct differentiation as even the data provided by a legal entity can contain or consist of personal information of a natural person.

2) Our role at this stage is not to make or propose binding rules but to provide guidance for those parties that chose to differentiate between data sets containing and not containing personal information.

Regarding your point of inferred status, I feel this goes too far as well as we do not currently believe that the quality of the data field is sufficient for any automated inferral of status. Cases where the status is inferred by the contents of this field do exist, but are usually limited to manual review in case of ownership disputes, where the contents of the field may prove the deciding factor in determining the right of ownership or control over a domain name in cases of dispute.

One further suggestion is not to front-load the determination in the registration or initial data-gathering process, but allow for a larger degree of flexibility by also including post-registration determination of status.

Best,
-- 
Volker A. Greimann
General Counsel and Policy Manager
KEY-SYSTEMS GMBH

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On Wed, Feb 24, 2021 at 11:39 AM Steve Crocker via Gnso-epdp-team <gnso-epdp-team@icann.org> wrote:
Folks,

In our view, the proposal has two substantial flaws.  First, it is overly specific as to the process *all* contracted registrars must use to determine whether the registrant is a legal vs a natural person. Second, it includes procedures for verifying the accuracy of the data for legal persons.  The procedure is unnecessary for determining whether the registrant is a legal person.  If the eventual policy requires a high degree of accuracy of a legal person's name and address, that's a separate matter and should be dealt with in that part of the policy.

The attached memo suggests a simpler and more comprehensive approach.

Thanks,

Steve


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