Before: Arbitrator UlrichSchroeter (A), Respondent: CAcert (R), Claimant: Olivier F (C), Case: a20110131.1

History Log

Original Dispute, Discovery (Private Part)

Discovery

Intermediate Ruling

By following procedure of similiar case a20110110.1, I hereby give an intermediate ruling:

Frankfurt/Main, 2011-02-26

Discovery II

Ruling

  1. The users account should be anonymized and deleted as requested by the Claimant.
    1. Support has executed the "Delete my Account" procedure steps thru intermediate ruling execution
  2. The arbitrator shall print this case-file to paper
  3. The arbitrator shall put the print-out of this case-file, the print-out of the account status as well as the CAP forms into an opaque envelope and seal that envelope.
  4. The arbitrator shall designate that envelope with the arbitration number and retain this envelope for 7 years, after last Claimants assurance was given. After which time it shall be destroyed.
  5. CCA termination calculation (as per Arbitration Case - Delete Account Request - Proposal Procedure for Arbitrators - Step 8 calculation procedure:

    • 0 Certs: no specific CCA termination date to set
    • Last Assurance given: 2008-02-07 + 7 years = 2015-02-06
    • CCA termination date set to: 2015-02-06

Clarifications

  1. The sealed envelope may be opened only
    • if one of the included CAP forms is requested during an Arbitration, or
    • if a dispute is filed against the Claimant and an Arbitrator rules that the Claimant's personal data is needed.
  2. If the envelope is opened the ruling Arbitrator or the archiving Arbitrator shall send a mail to the Claimant's archived primary email adress about the circumstances. No further efforts will be made if this email adress is unreachable for any reasons.
  3. The opening of the sealed envelope does not by default prolong the retention period.
  4. An Arbitrator may rule that specific CAP forms shall be removed from the envelope and be archived otherwise (usually with another case, maybe for longer period).
  5. The retention period is 7 years from the date of the ruling since the Claimant's personal data have to be archived for this period (see also Paragraph 5.5 of the CPS DRAFT p20091108). It is not sensible to open the envelope every time one of the CAP forms reaches the end of its individual retention period.

  6. The envelope may be forwarded to another Arbitrator if the archiving Arbitrator resigns from CAcert or is not able to keep it save any longer. Of course the retention period is not modified by such a forwarding.
  7. However the account removal request has been executed and the risks about Risks/Liabilities/Obligations (R/L/O) as defined by CCA has been decreased to a minimum as Claimant has sent-in his CAP forms (those are mostly topic for the risks, liabilities and obligations in another Arbitration case) the user is still bound to the CCA until the CCA termination date set.

Frankfurt/Main, 2011-02-26

Execution

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