Notice2023-12192
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
June 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 88 Issue 109 (Wednesday, June 7, 2023)</title>
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[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Notices]
[Pages 37202-37204]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12192]
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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
The Department of Commerce will submit the following information
collection request to the Office of Management and Budget (OMB) for
review and clearance in accordance with the Paperwork Reduction Act of
1995, on or after the date of publication of this notice. We invite the
general public and other Federal agencies to comment on proposed, and
continuing information collections, which helps us assess the impact of
our information
[[Page 37203]]
collection requirements and minimize the public's reporting burden.
Public comments were previously requested via the Federal Register on
March 30, 2023 during a 60-day comment period. This notice allows for
an additional 30 days for public comments.
Agency: International Trade Administration, Department of Commerce.
Title: Applications for Inclusion on the Lists of Arbitrators Under
the Data Privacy Framework Program.
OMB Control Number: New collection. Not yet assigned.
Form Number(s): None.
Type of Request: Regular submission, new information collection.
Number of Respondents: 36.
Average Hours per Response: 240 minutes.
Burden Hours: 144 hours.
Needs and Uses: 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) 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, as applicable, Gibraltar), 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. It is the DOC's present expectation that the effective date of
the EU-U.S. DPF Principles would coincide with the entry into force of
the European Commission's anticipated recognition of adequacy, whereas
the respective effective dates of the UK Extension to the EU-U.S. DPF
and the Swiss-U.S. DPF Principles would occur before the entry into
force of the anticipated, respective recognitions of adequacy (i.e., to
enable U.S. organizations from the earliest possible date to self-
certify their compliance with multiple parts of the Data Privacy
Framework program). Personal data cannot be received in reliance on the
EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S.
DPF until they have respectively received such recognition (i.e., until
such formal recognition enters into force).
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
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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.
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#57332731792725383025363a17232536333279303821"><span class="__cf_email__" data-cfemail="9cf8ecfab2eceef3fbeefdf1dce8eefdf8f9b2fbf3ea">[email protected]</span></a>.
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.
Affected Public: Private individuals.
Frequency: Recurrent, depending on the number of arbitrators
required to maintain active lists of arbitrators under the Data Privacy
Framework Program.
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).
This information collection request may be viewed at
<a href="http://www.reginfo.gov">www.reginfo.gov</a>. Follow the instructions to view the Department of
Commerce collections currently under review by OMB.
Written comments and recommendations for the proposed information
collection should be submitted within 30 days of the publication of
this notice on the following website <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
Find this particular information collection by selecting ``Currently
under 30-day Review--Open for Public Comments'' or by using the search
function and entering the title of the collection.
Sheleen Dumas,
Department PRA Clearance Officer, Office of the Under Secretary for
Economic Affairs, Commerce Department.
[FR Doc. 2023-12192 Filed 6-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 7, 2023.
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.