SSAD SRT members,

The strawperson document has been updated with revised Rec 8 language. 

https://docs.google.com/document/d/17N6Y3yYUmbfbAFO6QwR8S1u0uZY0HxKYc8HaadBQtMQ/

Please take a look and provide feedback either in the google document or on the list.  If you have issues or concerns with the language; proposing new text to address is helpful.  You will see in the document that staff has kept the side-by-side text with redlines.  Following that, staff has added a new section with a clean version of the proposed draft recommendation to help with review.   In addition, staff has also provided the following changelog of the high-level changes made following our discussion at ICANN 86:

Recommendation 8

• Personal Data has been capitalized and added to the glossary. (The glossary definition matches the definition in the Registration Data Policy.)
• 8.1 has been crossed out due to a comment that a Contracted Party can determine how to review requests and could determine, based on its own risk assessment, that it can review certain requests in bulk. (In other words, the policy should not dictate this.) 
• 8.3 has been modified slightly to address multiple concerns expressed during ICANN86:
  • the Contracted Party MUST consider if the impact on the human rights of the data subject prevents disclosure and
  • MAY conduct a balancing test as part of its review. (A footnote has been added to clarify that a Contracted Party may choose to apply a GDPR balancing test for all disclosure requests, even those falling outside of GDPR, and this policy would not prevent this.)
• 8.4 has been modified to clarify that Contracted Parties MUST disclose if they are able to under applicable law, subject to human rights assessment and applied balancing tests.

Thank you,

Marc Anderson