ICANN's Documentary Information Disclosure Policy (DIDP) is intended to ensure that information contained in documents concerning ICANN's operational activities, and within ICANN's possession, custody, or control, is made available to the public unless there is a compelling reason for confidentiality.
A principal element of ICANN's approach to transparency and information disclosure is the identification of a comprehensive set of materials that ICANN makes available on its website as a matter of course.
Specifically, ICANN has:
- Identified many of the categories of documents that are already made public as a matter of due course
- Developed a time frame for responding to requests for information not already publicly available
- Identified specific conditions for nondisclosure of information
- Described the mechanism under which requestors may appeal a denial of disclosure
ICANN posts on its website at www.icann.org, numerous categories of documents in due course. A list of those categories follows:
- Annual Reports – http://www.icann.org/en/about/annual-report
- Articles of Incorporation – http://www.icann.org/en/about/governance/articles
- Board Meeting Transcripts, Minutes and Resolutions – http://www.icann.org/en/groups/board/meetings
- Budget – http://www.icann.org/en/about/financials
- Bylaws (current) – http://www.icann.org/en/about/governance/bylaws
- Bylaws (archives) – http://www.icann.org/en/about/governance/bylaws/archive
- Correspondence – http://www.icann.org/correspondence/
- Financial Information – http://www.icann.org/en/about/financials
- Litigation documents – http://www.icann.org/en/news/litigation
- Major agreements – http://www.icann.org/en/about/agreements
- Monthly Registry reports – http://www.icann.org/en/resources/registries/reports
- Operating Plan – http://www.icann.org/en/about/planning
- Policy documents – http://www.icann.org/en/general/policy.html
- Speeches, Presentations & Publications – http://www.icann.org/presentations
- Strategic Plan – http://www.icann.org/en/about/planning
- Material information relating to the Address Supporting Organization (ASO) – http://aso.icann.org/docs including ASO policy documents, Regional Internet Registry (RIR) policy documents, guidelines and procedures, meeting agendas and minutes, presentations, routing statistics, and information regarding the RIRs
- Material information relating to the Generic Supporting Organization (GNSO) – http://gnso.icann.org – including correspondence and presentations, council resolutions, requests for comments, draft documents, policies, reference documents (see http://gnso.icann.org/reference-documents.htm), and council administration documents (see http://gnso.icann.org/council/docs.shtml).
- Material information relating to the country code Names Supporting Organization (ccNSO) – http://ccnso.icann.org – including meeting agendas, minutes, reports, and presentations
- Material information relating to the At Large Advisory Committee (ALAC) – http://atlarge.icann.org – including correspondence, statements, and meeting minutes
- Material information relating to the Governmental Advisory Committee (GAC) – http://gac.icann.org/web/index.shtml – including operating principles, gTLD principles, ccTLD principles, principles regarding gTLD Whois issues, communiqués, and meeting transcripts, and agendas
- Material information relating to the Root Server Advisory Committee (RSSAC) – http://www.icann.org/en/groups/rssac – including meeting minutes and information surrounding ongoing projects
- Material information relating to the Security and Stability Advisory Committee (SSAC) – http://www.icann.org/en/groups/ssac – including its charter, various presentations, work plans, reports, and advisories
Responding to Information Requests
If a member of the public requests information not already publicly available, ICANN will respond, to the extent feasible, to reasonable requests within 30 calendar days of receipt of the request. If that time frame will not be met, ICANN will inform the requester in writing as to when a response will be provided, setting forth the reasons necessary for the extension of time to respond. If ICANN denies the information request, it will provide a written statement to the requestor identifying the reasons for the denial.
Defined Conditions for Nondisclosure
ICANN has identified the following set of conditions for the nondisclosure of information:
- Information provided by or to a government or international organization, or any form of recitation of such information, in the expectation that the information will be kept confidential and/or would or likely would materially prejudice ICANN's relationship with that party.
- Internal information that, if disclosed, would or would be likely to compromise the integrity of ICANN's deliberative and decision-making process by inhibiting the candid exchange of ideas and communications, including internal documents, memoranda, and other similar communications to or from ICANN Directors, ICANN Directors' Advisors, ICANN staff, ICANN consultants, ICANN contractors, and ICANN agents.
- Information exchanged, prepared for, or derived from the deliberative and decision-making process between ICANN, its constituents, and/or other entities with which ICANN cooperates that, if disclosed, would or would be likely to compromise the integrity of the deliberative and decision-making process between and among ICANN, its constituents, and/or other entities with which ICANN cooperates by inhibiting the candid exchange of ideas and communications.
- Personnel, medical, contractual, remuneration, and similar records relating to an individual's personal information, when the disclosure of such information would or likely would constitute an invasion of personal privacy, as well as proceedings of internal appeal mechanisms and investigations.
- Information provided to ICANN by a party that, if disclosed, would or would be likely to materially prejudice the commercial interests, financial interests, and/or competitive position of such party or was provided to ICANN pursuant to a nondisclosure agreement or nondisclosure provision within an agreement.
- Confidential business information and/or internal policies and procedures.
- Information that, if disclosed, would or would be likely to endanger the life, health, or safety of any individual or materially prejudice the administration of justice.
- Information subject to the attorney– client, attorney work product privilege, or any other applicable privilege, or disclosure of which might prejudice any internal, governmental, or legal investigation.
- Drafts of all correspondence, reports, documents, agreements, contracts, emails, or any other forms of communication.
- Information that relates in any way to the security and stability of the Internet, including the operation of the L Root or any changes, modifications, or additions to the root zone.
- Trade secrets and commercial and financial information not publicly disclosed by ICANN.
- Information requests: (i) which are not reasonable; (ii) which are excessive or overly burdensome; (iii) complying with which is not feasible; or (iv) are made with an abusive or vexatious purpose or by a vexatious or querulous individual.
Information that falls within any of the conditions set forth above may still be made public if ICANN determines, under the particular circumstances, that the public interest in disclosing the information outweighs the harm that may be caused by such disclosure. Further, ICANN reserves the right to deny disclosure of information under conditions not designated above if ICANN determines that the harm in disclosing the information outweighs the public interest in disclosing the information.
ICANN shall not be required to create or compile summaries of any documented information, and shall not be required to respond to requests seeking information that is already publicly available.
Appeal of Denials
To the extent a requestor chooses to appeal a denial of information from ICANN, the requestor may follow the Reconsideration Request procedures or Independent Review procedures, to the extent either is applicable, as set forth in Article IV, Sections 2 and 3 of the ICANN Bylaws, which can be found at http://www.icann.org/en/about/governance/bylaws.
DIDP Requests and Responses
Request submitted under the DIDP and ICANN responses are available here: http://www.icann.org/en/about/transparency
Guidelines for the Posting of Board Briefing Materials
The posting of Board Briefing Materials on the Board Meeting Minutes page (at http://www.icann.org/en/groups/board/meetings) is guided by the application of the DIDP. The Guidelines for the Posting of Board Briefing Materials are available at http://www.icann.org/en/groups/board/documents/briefing-materials-guidelines-21mar11-en.htm.