Before: Arbitrator BernhardFröhlich (A), Respondent: CAcert (R), Claimant: <anonymized> (C), Case: a20100907.1

History Log


After restarting investigation phase


The Claimant has made clear that he wants to terminate his relations with CAcert as soon as possible, but he refuses further cooperation. The job of this Arbitration is to determine how this request can be satisfied without hurting the mission of CAcert too much.

Deleting the Claimant's data now, without access to the CAP forms, would completely prevent CAcert to verify the 14 Assurances made. So those Assurances would have to be revoked, which would probably result in several Assurees to fall below their intended level of Assurance.

Every standard CAP form includes the statement that, once signed, it has to be kept for seven years and that it has to be delivered to CAcert in case of demand. The Claimant's refusal to deliver the CAP forms explicitly breaks this agreement.

Also the Claimant's refusal to cooperate violates paragraph 3.2. of the CAcert Community Agreement.

Though there are ways to delete the Claimant's data from the main database and store them offline (on printed paper), this puts additional stress on the safekeeper of that paper and hinders the process of arbitrations involving the Assurances made by the Claimant.

Keeping the data in the database (in comparison to offline storage) does not lead to specific disadvantages for the Claimant which would outweigh the additional stress on CAcert and its members.

From reliable statements of multiple CAcert Assurers it can be concluded that the Claimant has accepted the CCA.


Preliminary Ruling

Final Ruling

Following the reasoning outlined above I give the following ruling:

Additional second ruling after extended investigation

Follow up ruling


Similiar Cases


Assurer requests to delete account

see also: Arbitrations Training Lesson 20 - Arbitration Case - Delete Account Request

Arbitrations/a20100907.1 (last edited 2011-10-17 20:38:19 by BernhardFröhlich)