81 FR 78775 - Proposed Information Collection; Comment Request; Information Collection for Self-Certification to the EU-U.S. Privacy Shield Framework

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 217 (November 9, 2016)

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)]
[Notices]
[Pages 78775-78776]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27053]


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DEPARTMENT OF COMMERCE

International Trade Administration


Proposed Information Collection; Comment Request; Information 
Collection for Self-Certification to the EU-U.S. Privacy Shield 
Framework

AGENCY: International Trade Administration, Department of Commerce.

ACTION: Notice.

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SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995.

DATES: Written comments must be submitted on or before January 9, 2017.

ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th 
and Constitution Avenue NW., Washington, DC 20230 (or via the Internet 
at [email protected].

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to David Ritchie, Department of Commerce, International 
Trade Administration, Room 20001, 1401 Constitution Avenue NW., 
Washington, DC, (or via the Internet at [email protected], and 
tel. 202-482-1512).

SUPPLEMENTARY INFORMATION: 

I. Abstract

    The United States and the European Union (EU) share the goal of 
enhancing privacy protection for their citizens, but take different 
approaches to protecting personal data. Given those differences, the 
Department of Commerce (DOC) developed the EU-U.S. Privacy Shield 
Framework (Privacy Shield) in consultation with the European 
Commission, as well as with industry and other stakeholders, to provide 
organizations in the United States with a reliable mechanism for 
personal data transfers to the United States from the European Union 
while ensuring the protection of the data as required by EU law.
    On July 12, 2016, the European Commission deemed the Privacy Shield 
Framework adequate to enable data transfers under EU law, and the DOC 
began accepting self-certification submissions from organizations on 
August 1, 2016. More information on the Privacy Shield is available at: 
https://www.privacyshield.gov/welcome.
    The DOC has issued the Privacy Shield Principles under its 
statutory authority to foster, promote, and develop international 
commerce (15 U.S.C. 1512). ITA administers and supervises the Privacy 
Shield, including by maintaining and making publicly available an 
authoritative list of U.S. organizations that have self-certified to 
the DOC. U.S. organizations submit information to ITA to self-certify 
their compliance with Privacy Shield.
    U.S. organizations considering self-certifying to the Privacy 
Shield should review the Privacy Shield Framework. In summary, in order 
to enter the Privacy Shield, an organization must (a) be subject to the 
investigatory and enforcement powers of the Federal Trade Commission 
(FTC), the Department of Transportation, or another statutory body that 
will effectively ensure compliance with the Principles; (b) publicly 
declare its commitment to comply with the Principles; (c) publicly 
disclose its privacy policies in line with the Principles; and (d) 
fully implement them.
    Self-certification to the DOC is voluntary; however, an 
organization's failure to comply with the Principles after its self-
certification is enforceable under Section 5 of the Federal Trade 
Commission Act prohibiting unfair and deceptive acts in or affecting 
commerce (15 U.S.C. 45(a)) or other laws or regulations prohibiting 
such acts.
    In order to rely on the Privacy Shield for transfers of personal 
data from the EU, an organization must self-certify its adherence to 
the Principles to the DOC, be placed by the ITA on the Privacy Shield 
List, and remain on the Privacy Shield List. To self-certify for the 
Privacy Shield, an organization must provide to the DOC a self-
certification submission that contains the information specified in the 
Privacy Shield Principles. The Privacy Shield self-certification form, 
the proposed information collection, would be the means by which an 
organization would provide the relevant information to ITA.

II. Method of Collection

    The Privacy Shield self-certification is submitted electronically 
by organizations through the DOC's Privacy Shield Web site (https://www.privacyshield.gov/).

III. Data

    OMB Control Number: 0625-0276.
    Form Number(s): None.
    Type of Review: Regular submission.
    Affected Public: Primarily businesses or other for-profit 
organizations.
    Estimated Number of Respondents: 3,600.
    Estimated Time per Response: 40 Minutes.
    Estimated Total Annual Burden Hours: 2,376.
    Estimated Total Annual Cost to Public: $2,824,200.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection;

[[Page 78776]]

they also will become a matter of public record.

Sheleen Dumas,
PRA Departmental Lead, Office of the Chief Information Officer.
[FR Doc. 2016-27053 Filed 11-8-16; 8:45 am]
 BILLING CODE 3510-DS-P