Documentary Information Disclosure Policy: Difference between revisions

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==DIDP Process==

The DIDP process is a series of steps taken after each request is submitted:

# Upon receipt of a DIDP Request, an ICANN staffer reviews the request and identifies the information requested, who may be in possession of or have knowledge of the information.

# The ICANN staffer then interviews the relevant staff members and performs a document search.

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# Documents that are responsive and appropriate for public disclosure are posted on ICANN’s website. If ICANN deems a document's disclosure to be premature, ICANN will indicate it in its response to the request and notify the requestor when the document is posted.

# The ICANN staffer prepares an email response to the DIDP Request and posts the request and response and Request to the DIDP page.<ref name="processdoc">[https://www.icann.org/en/system/files/files/didp-response-process-29oct13-en.pdf DIDP Response Process, ICANN Resources]</ref>

These steps are strictly interpreted, and the process contains a number of intrinsic rationales for rejection of portions or all of a DIDP request. The request must ask for ''documents'' that are: ''in ICANN's control or custody''; ''not publicly available'' at the time of the request; ''responsive'' to the request; and ''not subject to Defined Conditions of Disclosure''.

* ''Documents'' are defined as existing, written records. Documents that do not exist cannot be produced<ref>See, e.g., [https://www.icann.org/en/about/transparency/20111207-1/gunnarson-response-06jan12-en.pdf DIDP 20111207-1], requesting documents that did not (yet) exist</ref> If there are documents that would be responsive to the request if they existed, or that could be compiled from other existing documents to respond to the request, ICANN is not responsible for creating or compiling those documents.<ref>See, e.g., [https://www.icann.org/en/system/files/files/cis-response-21jan15-en.pdf DIDP 20141222-1], responding that creation of financial reports responsive to the request would be "burdensome" and also not ICANN's responsibility under the policy; and [https://www.icann.org/en/about/transparency/20120315-1/kirikos-response-13apr12-en.pdf DIDP 21020315-1], requesting "all correspondence" that had not been posted on ICANN's correspondence page (no obligation to compile)</ref>

* ''In ICANN's control or custody'' generally means that ICANN, in the course of its operations, either received and retained documents from other parties, or generated them in fulfillment of a specific mandate or objective. ICANN will reject requests for documentary information that it does not control.<ref> See, e.g., [https://www.icann.org/en/about/transparency/20110411-1/duke-response-11may11-en.pdf DIDP 20110411-1] from the Free Speech Coalition, inquiring about the board composition & officers of another outside entity</ref> Even in situations where ICANN is participating in a collaborative process, if the records of the process are stored outside of ICANN, a DIDP request will be met with a negative response.<ref>See, e.g., [https://www.icann.org/en/system/files/files/cis-netmundial-response-27jan15-en.pdf DIDP 20141228-1-NETmundial]: "Although ICANN is one of the founding members of the Initiative, the NETmundial Initiative is not a part of ICANN...Information on the

operations of the NETmundial Initiative is not housed within ICANN; it is available on the NETmundial Initiative website at https://www.netmundial.org/."</ref>

==Defined Conditions for Nondisclosure==

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 ==DIDP Process==
+The DIDP process is a series of steps taken after each request is submitted:
 # Upon receipt of a DIDP Request, an ICANN staffer reviews the request and identifies the information requested, who may be in possession of or have knowledge of the information.
 # The ICANN staffer then interviews the relevant staff members and performs a document search.
@@ Line 10: / Line 12: @@
 # Documents that are responsive and appropriate for public disclosure are posted on ICANN’s website. If ICANN deems a document's disclosure to be premature, ICANN will indicate it in its response to the request and notify the requestor when the document is posted.
 # The ICANN staffer prepares an email response to the DIDP Request and posts the request and response and Request to the DIDP page.<ref name="processdoc">[https://www.icann.org/en/system/files/files/didp-response-process-29oct13-en.pdf DIDP Response Process, ICANN Resources]</ref>
+These steps are strictly interpreted, and the process contains a number of intrinsic rationales for rejection of portions or all of a DIDP request. The request must ask for ''documents'' that are: ''in ICANN's control or custody''; ''not publicly available'' at the time of the request; ''responsive'' to the request; and ''not subject to Defined Conditions of Disclosure''.
+* ''Documents'' are defined as existing, written records. Documents that do not exist cannot be produced<ref>See, e.g., [https://www.icann.org/en/about/transparency/20111207-1/gunnarson-response-06jan12-en.pdf DIDP 20111207-1], requesting documents that did not (yet) exist</ref> If there are documents that would be responsive to the request if they existed, or that could be compiled from other existing documents to respond to the request, ICANN is not responsible for creating or compiling those documents.<ref>See, e.g., [https://www.icann.org/en/system/files/files/cis-response-21jan15-en.pdf DIDP 20141222-1], responding that creation of financial reports responsive to the request would be "burdensome" and also not ICANN's responsibility under the policy; and [https://www.icann.org/en/about/transparency/20120315-1/kirikos-response-13apr12-en.pdf DIDP 21020315-1], requesting "all correspondence" that had not been posted on ICANN's correspondence page (no obligation to compile)</ref>
+* ''In ICANN's control or custody'' generally means that ICANN, in the course of its operations, either received and retained documents from other parties, or generated them in fulfillment of a specific mandate or objective. ICANN will reject requests for documentary information that it does not control.<ref> See, e.g., [https://www.icann.org/en/about/transparency/20110411-1/duke-response-11may11-en.pdf DIDP 20110411-1] from the Free Speech Coalition, inquiring about the board composition & officers of another outside entity</ref> Even in situations where ICANN is participating in a collaborative process, if the records of the process are stored outside of ICANN, a DIDP request will be met with a negative response.<ref>See, e.g., [https://www.icann.org/en/system/files/files/cis-netmundial-response-27jan15-en.pdf DIDP 20141228-1-NETmundial]: "Although ICANN is one of the founding members of the Initiative, the NETmundial Initiative is not a part of ICANN...Information on the
+operations of the NETmundial Initiative is not housed within ICANN; it is available on the NETmundial Initiative website at https://www.netmundial.org/."</ref>
 ==Defined Conditions for Nondisclosure==