(The minutes below include sessions 3,7, and 15 of the ICANN62 GAC Agenda)
2. PUBLIC POLICY AND SUBSTANTIVE ISSUES SESSIONS
2a: WHOIS/GDPR
GAC members and the GAC’s Public Safety Working Group (PSWG) again participated actively in a wide range of multi-party discussions aimed at continuing to develop arrangements to ensure compliance with the European General Data Protection Regulation (GDPR), particularly with regard to WHOIS data. The key issue, reflected in the Communique, remains access to non-public WHOIS data for legitimate purposes such as law enforcement, rights protection and cybersecurity.
At the face to face meeting between the GAC and the ICANN Board, the ICANN CEO and Board said there would be coordination of the range of current initiatives, including the proposed EPDP, the Unified Access Model and ongoing work on WHOIS. The Board will meet 2 weeks before each expiry of the 90-day renewal periods contained in the temporary Specification. The Board wishes to stay flexible on adjustment of the Temporary Specification. Unified access will be influenced by any legal guidance that may be provided by the courts or the Data Protection Authorities (DPAs).
The GAC agreed to advise the Board to take steps to address those issues which were the subject of GAC advice in the San Juan Communique and on which the Board has deferred a response.
A decision by GNSO Council on initiating an EPDP was not made during ICANN 62. The GAC stressed the importance of balanced participation in any EPDP, including from the GAC.
Action Points
GAC to submit comments on the ICANN Unified Access Model as soon as possible after ICANN 62 (GAC leads + PSWG + ICANN staff).
GAC to follow up on its advice to the Board on this matter through the usual procedure (GAC leadership + members).
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