Section 4.6(a)(v) of the ICANN Bylaws specifies that each Specific Review team may recommend that may recommend that the review in question should no longer be conducted or should be amended.

I determining the scope of the present RDS-WHOIS2 Review, section 4.6(e)(iii) of the Bylaws was considered:

"The review team for the Directory Service Review ("Directory Service Review Team") will consider the Organisation for Economic Co-operation and Development ("OECD") Guidelines on the Protection of Privacy and Transborder Flows of Personal Data as defined by the OECD in 1980 and amended in 2013 and as may be amended from time to time."

The RT decided that this section of the Bylaw mandated scope should be omitted from the issues to be addressed, based on the complete lack of consideration of such guidelines in the current WHOIS implementation and the fact that at the time, an ongoing PDP was considering whether to incorporate such guidelines on its recommendations.

Since that decision, the discussion of RDS(WHOIS) in ICANN has evolved and considerable focus has been targeted at the EU GDPR, its impact on the current WHOIS, and how it will influence RDS developments.

Given:

- the focus on GDPR and the ongoing efforts to address this effectively in the short to medium term;

- the fact the OECD Guidelines have been made less relevant by the actual regulations and laws in Europe and other jurisdictions; and

- the more generalized requirement for the RDS Specific Review to consider safeguards for protecting RDS data;

the RT believes that section 4.6(e)(iii) of the ICANN Bylaws is no longer needed.

RECOMMENDATION:

The ICANN Board should take action to remove ICANN Bylaws section 4.6(e)(iii).

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