Before: Arbitrator name arbitrator (A), Respondent:CAcert (R), Claimant: Christian B (C), Case: a20140713.1

History Log

Private Part

EOT Private Part

original Dispute

The claimant thinks that he has an inactive account with CAcert for which he has forgotten the PW. He askes to check if CAcert has some data about him and if we could delete this data.

He also declares to have some old CAP forms and that he thinks that he probably may destroy them after 5 years.

Discovery

According to a notice attached by support to the dispute:

The user is assurer and wants his account deleted. The last certificate
expired [over 3 months ago]. The last given assurance was [over 7 years ago]. 

There exists a precedents case a20111128.3 for delete account cases of non-assurers. The reason why assurer are not covered by the precedents case is to be able to collect the CAP forms that are hold by the assurers.

Assurer only agree to hold CAP forms for 7 years. Afterwards they are allowed to destroy the CAP forms and CAcert (or anybody else) cannot assume that they exist afterwards. In this case there is no need to collect them by the Arbitrator.

In a20111128.5 there was already a delete account case for an assurer who's last assurance was older than 7 years and the Arbitrator decided that there was no need to collect the CAP forms. Instead support was asked to handle the case analog to a20111128.3, after the Arbitrator ensured, that the CAP forms were destroyed.

To summarise: If an assurer asks for the deletion of the account and the last assurance issued by the assurer is older than 7 years, the case can be handled analog to a20111128.3 by support if the assurer gives a CARS that all CAP forms were destroyed.

Ruling

As the Arbitrator of a20140713.1 [1] I come to the following ruling:

Part 1.: precedents ruling

Part 2.: Ruling regarding the account of the claimant

As far as known, the account of the claimant fulfils the prerequisites for the above precedents ruling.

The Case Manager of this case should provide support with all needed information to enable support to handle the closure of the account of the claimant by the just defined process. Support than should execute it.

-- Hamburg, 2014-08-11

[1] http://wiki.cacert.org/Arbitrations/a20140713.1

Example mail

I hereby provide you with a new example for a mail for step 1 of the
delete-account process, as required by my ruling of a20140713.1.

==== SNIP =====
Dear <user>,

We received a deletion request for your CAcert account dated ####-##-##.
If this does not represent your wish, please respond within 14 days
(deadline set to: ####-##-##). Otherwise this case will be acted upon
automatically and lead to the closure of your account.

If you want to delete your account because you have lost the access to
it, an alternative may be to try to recover your account. In this case
your assurance points, assurance state, domains, and certificates would
be retained. For more information see. [1]


The process for the deletion of an account is laid out in the precedent
 arbitration case a20111128.3 [2].


[1] http://wiki.cacert.org/FAQ/LostPasswordOrAccount
[2] http://wiki.cacert.org/Arbitrations/a20111128.3
-- 

Kind Regards
<SUPPORT TEAM MEMBER>
CAcert support

===== SNAP =====


The following part can be added if you think it may be relevant:

===== SNIP =====
The process for the deletion of an account is laid out in the precedent
 arbitration case a20111128.3 [2]. It will be handled based on the
Dispute Resolution Policy [3]. If you have accepted the CAcert Community
Agreement [4] you have agreed to this. If you have any issues in this
regard, please notify us.

The governing law is that of NSW, Australia.

[...]
[3] http://www.cacert.org/policy/DisputeResolutionPolicy.php
[4] http://www.cacert.org/policy/CAcertCommunityAgreement.php
===== SNAP =====

Execution

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Arbitrations/a20140713.1 (last edited 2014-09-14 11:17:15 by MartinGummi)