Notice2022-12088
Agency Information Collection Activities; Submission for OMB Review; Comment Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 6, 2022
Issuing agencies
Federal Trade Commission
Abstract
The FTC requests that the Office of Management and Budget (OMB) extend for three years the current Paperwork Reduction Act (PRA) clearance for information collection requirements contained in the agency's Health Breach Notification Rule (or Rule). That clearance expires on June 30, 2022.
Full Text
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<title>Federal Register, Volume 87 Issue 108 (Monday, June 6, 2022)</title>
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[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Notices]
[Pages 34272-34273]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12088]
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FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Submission for OMB
Review; Comment Request
AGENCY: Federal Trade Commission (FTC).
ACTION: Notice and request for comment.
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SUMMARY: The FTC requests that the Office of Management and Budget
(OMB) extend for three years the current Paperwork Reduction Act (PRA)
clearance for information collection requirements contained in the
agency's Health Breach Notification Rule (or Rule). That clearance
expires on June 30, 2022.
DATES: Comments must be received by July 6, 2022.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/
[[Page 34273]]
PRAMain. Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function. The <a href="http://reginfo.gov">reginfo.gov</a> web link is a United States
Government website produced by OMB and the General Services
Administration (GSA). Under PRA requirements, OMB's Office of
Information and Regulatory Affairs (OIRA) reviews Federal information
collections.
FOR FURTHER INFORMATION CONTACT: Ryan Mehm, Attorney, Bureau of
Consumer Protection, (202) 326-2918, Federal Trade Commission, 600
Pennsylvania Ave. NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
Title: Health Breach Notification Rule.
OMB Control Number: 3084-0150.
Type of Review: Extension of a currently approved collection.
Likely Respondents: Vendors of personal health records, PHR related
entities and third party service providers.
Estimated Annual Hours Burden: 4,654.
Estimated Frequency: 2,500 single-person breaches per year and 0.33
major breaches per year.
Total Annual Labor Cost: $90,739.\1\
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\1\ Due to newly available information on hourly wage rates, the
estimated annual labor costs were adjusted downward from $90,741 in
the 60-Day FR Notice to $90,739 in the 30-Day FR Notice. See the
updated mean hourly wages found at <a href="https://www.bls.gov/news.release/ocwage.htm">https://www.bls.gov/news.release/ocwage.htm</a> (``Occupational Employment and Wages--May 2021,'' U.S.
Department of Labor, released March 31, 2022, Table 1 (``National
employment and wage data from the Occupational Employment Statistics
survey by occupation, May 2021'').
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Total Annual Capital or Other Non-Labor Cost: $31,632.\2\
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\2\ Due to newly available information on hourly wage rates, the
estimated annual labor costs were adjusted upward from $31,056 in
the 60-Day FR Notice to $31,632 in the 30-Day FR Notice. See
footnote 1 for the updated source of this information.
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Abstract: The Health Breach Notification Rule (Rule), 16 CFR part
318, requires vendors of personal health records (PHR) and PHR related
entities to provide notice to: (1) consumers whose unsecured personally
identifiable health information has been breached; (2) the Commission;
and (3) in some cases, the media. The Rule only applies to electronic
health records and does not include recordkeeping requirements. The
Rule requires third party service providers (e.g., those companies that
provide services such as billing or data storage) to vendors of
personal health records and PHR related entities to provide
notification to such vendors and PHR related entities following the
discovery of a breach. To notify the FTC of a breach, the Commission
developed a simple, two-page form, which is posted at <a href="https://www.ftc.gov/system/files/documents/rules/health-breach-notification-rule/health_breach_form.pdf">https://www.ftc.gov/system/files/documents/rules/health-breach-notification-rule/health_breach_form.pdf</a>.
On February 25, 2022, the FTC sought public comment on the
information collection requirements associated with the Rule. 87 FR
10792. The Commission received no germane comments. Pursuant to the OMB
regulations, 5 CFR part 1320, that implement the PRA, 44 U.S.C. 3501 et
seq., the FTC is providing this second opportunity for public comment
while seeking OMB approval to renew the pre-existing clearance for the
Rules.
Your comment--including your name and your state--will be placed on
the public record of this proceeding. Because your comment will be made
public, you are solely responsible for making sure that your comment
does not include any sensitive personal information, such as anyone's
Social Security number; date of birth; driver's license number or other
state identification number, or foreign country equivalent; passport
number; financial account number; or credit or debit card number. You
are also solely responsible for making sure that your comment does not
include any sensitive health information, such as medical records or
other individually identifiable health information. In addition, your
comment should not include any ``trade secret or any commercial or
financial information which . . . is privileged or confidential''--as
provided by Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule
4.10(a)(2), 16 CFR 4.10(a)(2)--including in particular competitively
sensitive information such as costs, sales statistics, inventories,
formulas, patterns, devices, manufacturing processes, or customer
names.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2022-12088 Filed 6-3-22; 8:45 am]
BILLING CODE 6750-01-P
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