82 FR 27227 - EU-U.S. Privacy Shield; Invitation for Applications for Inclusion on the List of Arbitrators

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 113 (June 14, 2017)

Under the EU-U.S. Privacy Shield Framework, the U.S. Department of Commerce (DOC) and the European Commission have committed to implement an arbitration mechanism to provide European individuals with the ability to invoke binding arbitration to determine, for residual claims, whether an organization has violated its obligations under the Privacy Shield Framework. The DOC and the European Commission will work together to implement the arbitration mechanism, including by jointly developing a list of at least 20 arbitrators. Parties to a binding arbitration under this Privacy Shield mechanism may only select arbitrators from this list. This notice announces the opportunity to apply for inclusion on the list of arbitrators developed by the DOC and the European Commission.

[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Notices]
[Pages 27227-27229]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12370]


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DEPARTMENT OF COMMERCE

International Trade Administration


EU-U.S. Privacy Shield; Invitation for Applications for Inclusion 
on the List of Arbitrators

AGENCY: International Trade Administration, U.S. Department of 
Commerce.

ACTION: Notice; invitation for applications.

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SUMMARY: Under the EU-U.S. Privacy Shield Framework, the U.S. 
Department of Commerce (DOC) and the European Commission have committed 
to implement an arbitration mechanism to provide European individuals 
with the ability to invoke binding arbitration to determine, for 
residual claims, whether an organization has violated its obligations 
under the Privacy Shield Framework. The DOC and the European Commission 
will work together to implement the arbitration mechanism, including by 
jointly developing a list of at least 20 arbitrators. Parties to a 
binding arbitration under this Privacy Shield mechanism may only select 
arbitrators from this list. This notice announces the opportunity to 
apply for inclusion on the list of arbitrators developed by the DOC and 
the European Commission.

DATES: Applications should be received by July 14, 2017.

ADDRESSES: Please submit applications to Nasreen Djouini at the U.S. 
Department of Commerce, either by email at [email protected], 
or by fax at: 202-482-5522. More information on the arbitration 
mechanism may be found at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

FOR FURTHER INFORMATION CONTACT: Nasreen Djouini, International Trade 
Administration, 202-482-6259 or [email protected].

SUPPLEMENTARY INFORMATION: The EU-U.S. Privacy Shield Framework was 
designed by the U.S. Department of Commerce (DOC) and the European 
Commission (Commission) to provide companies on both sides of the 
Atlantic with a mechanism to comply with data protection requirements 
when transferring personal data from the European Union to the United 
States in support of transatlantic commerce. On July 12, 2016, the 
Commission deemed the EU-U.S. Privacy Shield Framework (Privacy Shield) 
adequate to enable data transfers under EU law, and on August 1, 2016, 
the DOC began accepting self-certifications from U.S. companies to join 
the program (81 FR 47752; July 22, 2016). For more information on the 
Privacy Shield, visit www.privacyshield.gov.
    As described in Annex I of the Privacy Shield, the DOC and the 
Commission have committed to implement an arbitration mechanism to 
provide European individuals with the ability to invoke binding 
arbitration to determine, for residual claims, whether an organization 
has violated its obligations under the Privacy Shield. Organizations 
voluntarily self-certify to

[[Page 27228]]

the Privacy Shield and, upon certification, the commitments the 
organization has made to comply with the Privacy Shield become legally 
enforceable under U.S. law. Organizations that self-certify to the 
Privacy Shield commit to binding arbitration of residual claims if the 
individual chooses to exercise that option. Under the arbitration 
option, a Privacy Shield 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 Privacy Shield only with respect to the 
individual. The parties will select the arbitrators from the list of 
arbitrators described below.
    The DOC and the European Commission seek to develop a list of at 
least 20 arbitrators. To be eligible for inclusion on the list, 
applicants must be admitted to practice law in the United States and 
have expertise in both U.S. privacy law and EU data protection law. 
Applicants shall not be subject to any instructions from, or be 
affiliated with, any Privacy Shield organization, or the U.S., EU, or 
any EU Member State or any other governmental authority, public 
authority or enforcement authority.
    Eligible individuals will be evaluated 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:
     Admission to practice law in the United States.
     Level of demonstrated expertise in U.S. privacy law and EU 
data protection law.
    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
    Evaluation of applications for inclusion on the list of arbitrators 
will be undertaken by the DOC and the Commission. Selected applicants 
will remain on the list for a period of 3 years, absent exceptional 
circumstances, change in eligibility, or for cause, renewable for one 
additional period of 3 years.
    The DOC is in the process of selecting an administrator for Privacy 
Shield arbitrations.\1\ Among other things, once selected, the 
Administrator will facilitate arbitrator fee arrangements, including 
the collection and timely payment of arbitrator fees and other 
expenses. Arbitrators are expected to commit their time and effort when 
included on the Privacy Shield List of Arbitrators and to take 
reasonable steps to minimize the costs or fees of the arbitration.
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    \1\ For more information about the selection process and the 
role of the administrator, see https://www.privacyshield.gov/Arbitration-Fact-Sheet.
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    Arbitrators will be subject to a code of conduct consistent with 
Annex I of the Privacy Shield Framework and generally accepted ethical 
standards for arbitrators. The DOC and the Commission agreed to adopt 
an existing, well-established set of U.S. arbitral procedures to govern 
the arbitral proceedings, subject to considerations identified in Annex 
I of the Privacy Shield Framework, including that materials submitted 
to arbitrators will be treated confidentially and will only be used in 
connection with the arbitration. For more information, please visit 
https://www.privacyshield.gov/article?id=G-Arbitration-Procedures where 
you can find information on the arbitration procedures.

Applications

    Eligible individuals who wish to be considered for inclusion on the 
EU-U.S. Privacy Shield List of Arbitrators are invited to submit 
applications. Applications must be typewritten and should be headed 
``Application for Inclusion on the EU-U.S. Privacy Shield List of 
Arbitrators.'' Applications should include the following information, 
and each section of the application should be numbered as indicated:

--Name of applicant.
--Address, telephone number, and email address.
1. Independence
    --Description of the applicant's affiliations with any Privacy 
Shield organization, or the U.S., EU, any EU Member State or any other 
governmental authority, public authority, or enforcement authority.
2. Integrity
    --On a separate page, the names, addresses, telephone, and fax 
numbers 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 title, description of 
responsibility, name and address of employer, and name and telephone 
number of supervisor or other reference.
    --Employment history, including the dates and addresses of each 
prior position and a summary of responsibilities.
    --Description of expertise in U.S. privacy law and EU 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 data protection law, with copies 
appended.

Paperwork Reduction Act

    OMB has reviewed and approved this information collection on an 
emergency basis as of [X DATE]. The emergency approval is only valid 
for 180 days. ITA will submit a request for a 3-year approval through 
OMB's general PRA clearance process. Notwithstanding any other 
provision of law, no person is required to respond to, nor shall any 
person be subject to a penalty for failure to comply with a collection 
of information subject to the requirements of the Paperwork Reduction 
Act, unless that collection of information displays a currently valid 
OMB control number.
    Written comments regarding the burden estimate for this data 
collection requirement, or any other aspect of this data collection, to 
the Office of Information and Regulatory Affairs of OMB, Attention: 
Desk Officer for the International Trade Administration via email at 
[email protected] or via fax at (202) 395-5806 (this is not a 
toll-free number).

Public Disclosure

    Applications will be covered by the Department of Commerce's 
Privacy Act

[[Page 27229]]

System of Records Notice 23. Submission of your application will be 
considered written consent to share your information with the European 
Commission to enable joint development of the list of arbitrators.

    Dated: June 9, 2017.
Alysha Taylor,
Acting Deputy Assistant Secretary for Services, International Trade 
Administration, U.S. Department of Commerce.
[FR Doc. 2017-12370 Filed 6-13-17; 8:45 am]
BILLING CODE 3510-DR-P