Data Protection/Privacy Update: Latest Developments
My last blog of 25 January focused on the input received on the three proposed interim models for collecting registration data and implementing registration directory services in preparation for the 25 May 2018 enforcement date for the European Union's General Data Protection Regulation (GDPR). As you'll recall, input on the models which, along with feedback requested from community discussions on this topic, are contributing to the assessment of each potential option. From those inputs, either variations or modifications to one of these models, each of which includes a tiered/layered access approach to WHOIS data, will be identified.
As we shared during the webinar on 2 February, we are reviewing this input, and have shared a preliminary non-paper [XLSX, 14 KB] and graphic [PDF, 730 KB] representation of the models. The webinar, together with the community discussions, are providing very useful input to the evolving iteration of an interim compliance model.
In parallel to our work with the community, we also exchange information with the Article 29 Working Party and respective Data Protection Authorities (DPAs) on a regular basis, in order to update each other on developments and progress.
We sincerely appreciate the ongoing dialogue and help from the DPAs and are encouraged by the progress of these exchanges because ultimately, they will be judging the results of the proposed models. We will continue to engage with them on the recommended interim model and 'action plan', including process of compliance and implementation as we work towards finalizing these.
As the community works toward a long-term solution, we encourage this continued dialogue. We may formally ask DPAs for their views concerning ICANN's approach to the compliance model, since this would usefully inform both improvements to the interim solution and the development of the long-term framework.
In relation to the ICANN org's work with the stakeholders on solidifying views around an interim model, we welcome the ongoing community discussions and are working to share a next iteration of a model very soon.
This single, common interim model that is informed by input from across the ICANN community would seek to obtain compliance with both the GDPR and ICANN's contractual requirements related to registration directory services. The final interim model will include a rationale and input received in relation to each component. But it is important to remember that ICANN's contracted parties need to make their own determination about GDPR and related legal obligations as they relate to their specific situations. This also holds true for other stakeholders such as registrants.
This is clearly an important topic for both the ICANN org and the community, and we are all striving towards the same May 2018 timeline.
I also want to take this opportunity to thank everyone who has participated in this important process, whether it was submitting questions or models for consideration, or in discussions within the multistakeholder community.