Notice2023-06647
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Applications for Inclusion on the Lists of Arbitrators Under the Data Privacy Framework Program
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
March 30, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.
Full Text
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<title>Federal Register, Volume 88 Issue 61 (Thursday, March 30, 2023)</title>
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[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Notices]
[Pages 19062-19065]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06647]
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DEPARTMENT OF COMMERCE
International Trade Administration
Agency Information Collection Activities; Submission to the
Office of Management and Budget (OMB) for Review and Approval; Comment
Request; Applications for Inclusion on the Lists of Arbitrators Under
the Data Privacy Framework Program
AGENCY: International Trade Administration, Department of Commerce.
ACTION: Notice of information collection, request for comment.
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SUMMARY: The Department of Commerce, in accordance with the Paperwork
Reduction Act of 1995 (PRA), invites the general public and other
Federal agencies to comment on proposed, and continuing information
collections, which helps us assess the impact of our information
collection requirements and minimize the public's reporting burden. The
purpose of this notice is to allow for 60 days of public comment
preceding submission of the collection to OMB.
DATES: To ensure consideration, comments regarding this proposed
information collection must be received on or before May 30, 2023.
ADDRESSES: Interested persons are invited to submit written comments to
Leo Kim, ITA Paperwork Clearance Officer, International Trade
Administration, Department of Commerce, Room 23016RA, 14th and
Constitution Avenue NW, Washington, DC 20230 (or via the internet at
<a href="/cdn-cgi/l/email-protection#53030112303c3e3e363d2713373c307d343c25"><span class="__cf_email__" data-cfemail="7626243715191b1b1318023612191558111900">[email protected]</span></a>). Do not submit Confidential Business Information or
otherwise sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
specific questions related to collection activities should be directed
to David Ritchie, Senior Policy Advisor, International Trade
Administration, Department of Commerce via email at
<a href="/cdn-cgi/l/email-protection#debaaeb8f0aeacb1b9acbfb39eaaacbfbabbf0b9b1a8"><span class="__cf_email__" data-cfemail="533723357d23213c3421323e1327213237367d343c25">[email protected]</span></a>, or by telephone at 202-482-1512.
SUPPLEMENTARY INFORMATION:
I. Abstract
The United States, the European Union (EU), the United Kingdom
(UK), and Switzerland share a commitment to enhancing privacy
protection, the rule of law, and a recognition of the importance of
transatlantic data flows to our respective citizens, economies, and
societies, but take different approaches to doing so. Given those
differences, the Department of Commerce (DOC)
[[Page 19063]]
developed the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK
Extension to the EU-U.S. Data Privacy Framework (UK Extension to the
EU-U.S. DPF), and the Swiss-U.S. Data Privacy Framework (Swiss-U.S.
DPF) in consultation with the European Commission, the UK Government,
the Swiss Federal Administration, industry, and other stakeholders.
These arrangements were respectively developed to provide U.S.
organizations reliable mechanisms for personal data transfers to the
United States from the European Union, the United Kingdom, and
Switzerland while ensuring data protection that is consistent with EU,
UK, and Swiss law.
The DOC is issuing the EU-U.S. DPF Principles and the Swiss-U.S.
DPF Principles, including the respective sets of Supplemental
Principles (collectively the Principles) and Annex I of the Principles,
as well as the UK Extension to the EU-U.S. DPF under its statutory
authority to foster, promote, and develop international commerce (15
U.S.C. 1512). The International Trade Administration (ITA) will
administer and supervise the Data Privacy Framework program, including
maintaining and making publicly available the Data Privacy Framework
List, an authoritative list of U.S. organizations that have self-
certified to the DOC and declared their commitment to adhere to the
Principles pursuant to the EU-U.S. DPF and, as applicable, the UK
Extension to the EU-U.S. DPF, and/or the Swiss-U.S. DPF. While the
decision by an organization to self-certify its compliance pursuant to
the EU-U.S. DPF and, as applicable the UK Extension to the EU-U.S. DPF,
and/or the Swiss-U.S. DPF and by extension participate in the Data
Privacy Framework program is voluntary; effective compliance is
compulsory: organizations that self-certify to the DOC and publicly
declare their commitment to adhere to the Principles must comply fully
with the Principles. Such commitments to comply with the Principles are
legally enforceable under U.S. law. On the basis of the Principles,
Executive Order 14086, 28 CFR part 201, and accompanying letters and
materials, including ITA's commitments regarding the administration and
supervision of the Data Privacy Framework program, it is the DOC's
expectation that the European Commission, the UK Government, and the
Swiss Federal Administration will respectively recognize the adequacy
of the protection provided by the EU-U.S. DPF, the UK Extension to the
EU-U.S. DPF, and the Swiss-U.S. DPF thereby enabling personal data
transfers from each respective jurisdiction to U.S. organizations
participating in the relevant part of the Data Privacy Framework
program. The EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the
Swiss-U.S. DPF will not enter into effect until they have respectively
received such recognition (i.e., until such formal recognition enters
into effect).
As respectively described in Annex I of the EU-U.S. DPF Principles,
the UK Extension to the EU-U.S. DPF, and Annex I of the Swiss-U.S. DPF
Principles the DOC commits separately with the European Commission, the
UK Government, and the Swiss Federal Administration to implement an
arbitration mechanism to provide EU, UK, and Swiss individuals with the
ability under certain circumstances to invoke binding arbitration to
determine, for residual claims, whether an organization has violated
its obligations under the Principles as to those individuals.
Organizations that self-certify their compliance pursuant to the EU-
U.S. DPF, including those that also elect to participate in the UK
Extension to the EU-U.S. DPF are obligated to arbitrate claims and
follow the terms as set forth in Annex I of the EU-U.S. DPF Principles,
provided that an EU or UK (as applicable) individual has invoked
binding arbitration by delivering notice to the organization at issue
and following the procedures and subject to the conditions set forth in
Annex I of the EU-U.S. DPF Principles. Organizations that self-certify
their compliance pursuant to the Swiss-U.S. DPF are obligated to
arbitrate claims and follow the terms as set forth in Annex I of the
Swiss-U.S. DPF Principles, provided that a Swiss individual has invoked
binding arbitration by delivering notice to the organization at issue
and following the procedures and subject to the conditions set forth in
Annex I of the Swiss-U.S. DPF Principles. An individual's decision to
invoke this binding arbitration option is entirely voluntary. Arbitral
decisions will be binding on all parties to the arbitration. Under this
binding arbitration option, a panel (consisting of one or three
arbitrators, as agreed by the parties) has the authority to impose
individual-specific, non-monetary equitable relief (such as access,
correction, deletion, or return of the individual's data in question)
necessary to remedy the violation of the Principles only with respect
to the individual. No damages, costs, fees, or other remedies are
available. The parties will select the arbitrators from the list(s) of
arbitrators described below.
Pursuant to the EU-U.S. DPF and the UK Extension to the EU-U.S.
DPF, the DOC and the European Commission will develop and seek to
maintain a list of at least 10 arbitrators. The parties, including the
EU or UK individual who has invoked binding arbitration, will select
arbitrators for the arbitration panel from that list of arbitrators
developed under the EU-U.S. DPF (EU-U.S. DPF List of Arbitrators). To
be eligible for inclusion on the EU-U.S. DPF List of Arbitrators,
applicants must be admitted to practice law in the United States and be
experts in U.S. privacy law, with expertise in EU data protection law;
and shall not be subject to any instructions from, or be affiliated
with, either party, or any participating organization, or the United
States, European Union, or any EU Member State or any other
governmental authority, public authority, or enforcement authority.
Arbitrators will remain on the EU-U.S. DPF List of Arbitrators for a
period of 3 years, absent exceptional circumstances or removal for
cause, renewable by the DOC, with prior notification to the European
Commission for additional 3-year terms.
Pursuant to the Swiss-U.S. DPF the DOC and the Swiss Federal
Administration will develop and seek to maintain a list of up to five
arbitrators to supplement the list of arbitrators developed under the
EU-U.S. DPF. The parties, including the Swiss individual who has
invoked binding arbitration, will select arbitrators for the
arbitration panel from the list of arbitrators developed under the EU-
U.S. DPF, as supplemented by the list of arbitrators developed under
the Swiss-U.S. DPF (Swiss-U.S. DPF Supplemental List of Arbitrators).
To be eligible for inclusion on the Swiss-U.S. DPF Supplemental List of
Arbitrators, applicants must be admitted to practice law in the United
States and be experts in U.S. privacy law, with expertise in European
or Swiss data protection law; and shall not be subject to any
instructions from, or be affiliated with, either party, or any
participating organization, or the United States, Switzerland, European
Union, or any EU Member State or any other governmental authority,
public authority, or enforcement authority. Arbitrators will remain on
the Swiss-U.S. DPF Supplemental List of Arbitrators for a period of 3
years, absent exceptional circumstances or removal for cause, renewable
by the DOC, with prior notification to the Swiss Federal Administration
for additional 3-year terms.
[[Page 19064]]
To be considered for inclusion on the EU-U.S. DPF List of
Arbitrators or the Swiss-U.S. DPF Supplemental List of Arbitrators,
eligible individuals will be respectively evaluated by the DOC and the
European Commission and the DOC and the Swiss Federal Administration on
the basis of independence, integrity, and expertise:
Independence:
--Freedom from bias and prejudice.
Integrity:
--Held in the highest regard by peers for integrity, fairness, and good
judgment.
--Demonstrates high ethical standards and commitment necessary to be an
arbitrator.
Expertise:
--Required expertise:
--Admission to practice law in the United States.
--Level of demonstrated expertise in U.S. privacy law and EU and/or
Swiss data protection law (as applicable).
--Other expertise that may be considered includes any of the following:
--Relevant educational degrees and professional licenses.
--Relevant professional or academic experience or legal practice.
--Relevant training or experience in arbitration or other forms of
dispute resolution.
The DOC has agreed with the European Commission to the adoption of
arbitration rules that govern arbitration proceedings and a code of
conduct for arbitrators under the EU-U.S. DPF (and similarly agreed
with the UK Government as relates to arbitration proceedings under the
UK Extension to the EU-U.S. DPF), and the Swiss Federal Administration
to the adoption of arbitration rules that govern arbitration
proceedings and a code of conduct for arbitrators under the Swiss-U.S.
DPF. In the event that the rules governing the proceedings and/or the
code of conduct for arbitrators need to be changed, the DOC and the
European Commission and the Swiss Federal Administration will agree to
amend those rules or adopt a different set of existing, well-
established U.S. arbitral procedures, and/or amend the code of conduct
for arbitrators (as applicable).
The DOC has selected the International Centre for Dispute
Resolution (ICDR), the international division of the American
Arbitration Association (AAA) (collectively ICDR-AAA) to administer
arbitrations pursuant to and manage the arbitral fund identified in
Annex I of the EU-U.S. DPF Principles, including as relates to the UK
Extension to the EU-U.S. DPF, and Annex I of the Swiss-U.S. DPF
Principles. Among other things, the ICDR-AAA facilitates arbitrator fee
arrangements, including the collection and timely payment of arbitrator
fees and other expenses. On September 15, 2017, the DOC and the
European Commission agreed to the adoption of a set of arbitration
rules to govern binding arbitration proceedings described in Annex I of
the EU-U.S. Privacy Shield Framework Principles, as well as a code of
conduct for arbitrators that is consistent with generally accepted
ethical standards for commercial arbitrators and Annex I of the
Principles. On March 29, 2018, the DOC and the Swiss Federal
Administration agreed to the adoption of a set of arbitration rules to
govern binding arbitration proceedings described in Annex I of the
Swiss-U.S. Privacy Shield Framework Principles, as well as a code of
conduct for arbitrators that is consistent with generally accepted
ethical standards for commercial arbitrators and Annex I of the
Principles. The DOC has respectively agreed with the European
Commission (and the UK Government, as appropriate, with regard to the
UK Extension to the EU-U.S. DPF) and the Swiss Federal Administration
to adapt those sets of arbitration rules and codes of conduct to
reflect the updates under the EU-U.S. DPF (including as applicable to
the UK Extension to the EU-U.S. DPF) and the Swiss-U.S. DPF, and the
DOC will work with the ICDR-AAA to make those updates.
Applications:
Applications must be typewritten, electronically submitted, and
headed ``Application for Inclusion on the EU-U.S. DPF List of
Arbitrators'' or ``Application for Inclusion on the Swiss-U.S. DPF
Supplemental List of Arbitrators'' (as applicable). Applications must
include the following information, and each section of the application
should be labeled and numbered as indicated below:
--Applicant's name.
--Applicant's mailing address, telephone number, and email address.
1. Independence
--Description of the applicant's affiliations with any organization
that has self-certified under the EU-U.S. DPF or the Swiss-U.S. DPF, or
the United States, European Union, any EU Member State, Switzerland, or
any other governmental authority, public authority, or enforcement
authority.
2. Integrity
--The respective names, job titles (as applicable), mailing addresses,
telephone numbers, and email addresses of three individuals willing to
provide information concerning the applicant's qualifications for
service, including the applicant's character, reputation, reliability,
and judgment.
--Description of the applicant's willingness and ability to make time
commitments necessary to be an arbitrator.
3. Expertise
--Demonstration of admittance to practice law in the United States.
--Relevant academic degrees and professional training and licensing.
--Current employment, including job title and description of
responsibility, as well as name and mailing address of employer, and
name, job title, telephone number, and email address of supervisor or
other reference.
--Employment history, including the dates and mailing addresses of each
prior position and a summary of responsibilities.
--Description of expertise in U.S. privacy law and EU and/or Swiss data
protection law (as applicable), and, as appropriate, any other European
data protection law.
--Description of training or experience in arbitration or other forms
of dispute resolution, if applicable.
--A list of publications, testimony, and speeches, if any, concerning
U.S. privacy law and EU and/or Swiss data protection law (as
applicable).
II. Method of Collection
Individuals interested in being considered for inclusion on the EU-
U.S. DPF List of Arbitrators or the Swiss-U.S. DPF Supplemental List of
Arbitrators would submit their applications to the DOC online via email
at <a href="/cdn-cgi/l/email-protection#e7839781c99795888095868aa79395868382c9808891"><span class="__cf_email__" data-cfemail="6a0e1a0c441a18050d180b072a1e180b0e0f440d051c">[email protected]</span></a>.
The DOC previously requested and obtained approval of analogous
information collections that have allowed the DOC, as represented by
ITA, to collect information from applicants for inclusion on the EU-
U.S. Privacy Shield List of Arbitrators (OMB Control No. 0625-0277) and
from applicants for inclusion on the Swiss-U.S. Privacy Shield List of
Arbitrators (OMB Control No. 0625-0278). Pursuant to the EU-U.S. DPF,
the EU-U.S. Privacy Shield Framework Principles will be amended as the
``EU-U.S. Data Privacy Framework Principles''; and pursuant to the
Swiss-U.S. DPF, the Swiss-U.S. Privacy Shield Framework Principles will
be amended as the ``Swiss-U.S. Data Privacy Framework Principles''.
Organizations that self-certified their commitment to comply with the
EU-U.S. Privacy Shield Framework Principles and/or the Swiss-U.S.
Privacy Shield Framework Principles that wish
[[Page 19065]]
to enjoy the benefits of participating in the EU-U.S. DPF and/or the
Swiss-U.S. DPF (as applicable) must comply with the amended Principles
once those amendments have entered into effect. More information on the
binding arbitration option under the Data Privacy Framework program
will be made available on the DOC's Data Privacy Framework program
website (<a href="https://www.dataprivacyframework.gov/">https://www.dataprivacyframework.gov/</a>) once that is launched;
however, such information will also be made available, as appropriate,
on the DOC's Privacy Shield program website (<a href="https://www.privacyshield.gov/welcome">https://www.privacyshield.gov/welcome</a>).
III. Data
OMB Control Number: New collection. Not yet assigned.
Form Number(s): None.
Type of Review: Regular submission, new information collection.
Affected Public: Private individuals.
Estimated Number of Respondents: 36.
Estimated Time per Response: 240 minutes.
Estimated Total Annual Burden Hours: 144.
Estimated Total Annual Cost to Public: $0.
Respondent's Obligation: Required to obtain or retain benefits.
Legal Authority: The DOC's statutory authority to foster, promote,
and develop the foreign and domestic commerce of the United States (15
U.S.C. 1512).
IV. Request for Comments
We are soliciting public comments to permit the Department/Bureau
to: (a) Evaluate whether the proposed information collection is
necessary for the proper functions of the Department, including whether
the information will have practical utility; (b) Evaluate the accuracy
of our estimate of the time and cost burden for this proposed
collection, including the validity of the methodology and assumptions
used; (c) Evaluate ways to enhance the quality, utility, and clarity of
the information to be collected; and (d) Minimize the reporting burden
on those who are to respond, including the use of automated collection
techniques or other forms of information technology.
Comments that you submit in response to this notice are a matter of
public record. We will include or summarize each comment in our request
to OMB to approve this information collection request (ICR). Before
including your address, phone number, email address, or other personal
identifying information in your comment, you should be aware that your
entire comment--including your personal identifying information--may be
made publicly available at any time. While you may ask us in your
comment to withhold your personal identifying information from public
review, we cannot guarantee that we will be able to do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of the Under Secretary for
Economic Affairs, Commerce Department.
[FR Doc. 2023-06647 Filed 3-29-23; 8:45 am]
BILLING CODE 3510-DS-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.