• Arbitrations
• a20110110.1

• Case Number: a20110110.1
• Status: closed
• Claimants: Bjoern S
• Respondents: CAcert

• Initial Case Manager: UlrichSchroeter

• Case Manager: MartinGummi

• Arbitrator: UlrichSchroeter

• Date of arbitration start: 2011-01-16
• Date of ruling: 2011-01-23
• Case closed: 2011-01-28
• Complaint: Please Delete my Account
• Relief: TBD

Before: Arbitrator UlrichSchroeter (A), Respondent: CAcert (R), Claimant: Bjoern S (C), Case: a20110110.1

History Log

• 2011-01-10 (issue.c.o) case [s20110110.40]
• 2011-01-12 (iCM): added to wiki, request for CM / A
• 2011-01-16 (CM): I'll take care about this case as (CM)
• 2011-01-16 (A): I'll take care about this case as (A)
• 2011-01-16 (A): init notification sent to (C) w/ deadline of 14 days set
• 2011-01-16 (A): request to (Support) for infos on Assurances Rcvd, Assurances Given of (C)'s account
• 2011-01-16 (C): accepts CCA/DRP under this arbitration, confirms account removal request
• 2011-01-19 (Support): [s20110116.27] list of assurances rcvd / given
• 2011-01-19 (A): regarding handling of CAP forms by (C), (C) has 2 options: send in CAP forms to (A) of this case, or handle by himself, with request for either option a) or b)
• 2010-01-23 (C): will send CAP forms to (A)

Original Dispute, Discovery (Private Part)

• Arbitration case a20110110.1 (Private Part)

EOT Private Part

Discovery

• Is Assurer ? Yes

Ruling

• (C) accepts he wants to send the CAP forms in.

• So here I'm following the deliberations of Arbitration cases a20080702.1, a20090618.3 and a20090328.1

  1. The claimant shall send all CAP forms in his possession to the arbitrator
  2. A snapshot of the account information shall be taken and printed on paper.

  3. All certificates of the claimant shall be revoked and login to the account shall be disabled.

  4. After the CAP forms have arrived the account of the claimant shall be anonymised by following the Delete Account procedure by a SE

  5. The arbitrator shall print this case-file to paper
  6. 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.
  7. The arbitrator shall designate that envelope with the arbitration number and retain this envelope for 7 years, after which time it shall be destroyed.

Clarifications

As requested by the Claimant I give the following 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.

Frankfurt/Main, 2011-01-23

Execution

• 2011-01-23 (A): Ruling sent to (C), (CM), (Support)
• 2011-01-23 (A): (C), please send in CAP forms in your possession
• 2011-01-23 (A): order to (Support) to execute ruling steps 2. and 3., with request for exec report
• 2011-01-26 (Support): [s20110123.36] first exec step finished

  • Note: Due to an error I accidently changed the DoB to January, 1st, 1900.
    If this can't have continuance till you request the account deletion please let me know.
    Sorry for the inconvenience.

  • 2011-01-26 (A): The SE has been adviced by phone, after receiving a call, to take care on the written steps in the execution order.
  • 2011-01-26 (A): I see no requirement to start a dispute filing against SE here, as account is in "delete account" phase and anonymize DoB is one of the next steps in the process, and this mistake has low level to no impact on continueing exec steps, its documented, and this is ok here.
• 2011-01-27 (A): CAP forms as requested received from (C)
• 2011-01-28 (A): (Support), please execute step 4 of ruling, req for exec report
• 2011-01-28 (A): still noticed, that CCA termination date calculation is missing in ruling
  • 2011-01-28 (A): request for assistance by (DRO) regarding missing CCA termination calculation
  • 2011-01-28 (DRO): use update notification on clarification onto ruling regarding lesson 20 of Arbitration procedure on Delete my Account cases
• 2011-01-28 (Support): [s20110128.10] executed part II of Delete Account Procedure for SEs
• 2011-01-28 (A): ruling step 5. I've printed-out this case-file to paper
• 2011-01-28 (A): ruling step 6. I've 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 sealed that envelope.
• 2011-01-28 (A): last exec report to (C) with update to the ruling, that I want to make sure everyone

understands the following: according to lesson 20 of the Arbitrators procedure, the CCA will end at date: 2015-04-18, case closed.

Similiar Cases

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

• CategoryArbitration

• CategoryArbCaseAccountDelAssurer