82 FR 42294 - Proposed Information Collection; Comment Request; 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 172 (September 7, 2017)

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 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Pages 42294-42295]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18896]


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DEPARTMENT OF COMMERCE

International Trade Administration


Proposed Information Collection; Comment Request; EU-U.S. Privacy 
Shield; Invitation for Applications for Inclusion on the List of 
Arbitrators

AGENCY: International Trade Administration.

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 November 6, 
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 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.

SUPPLEMENTARY INFORMATION:

I. Abstract

    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 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.

[[Page 42295]]

    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.\a\ 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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    \a\ 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 by October 6, 2017 deadline. 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.

II. Method of Collection

    Please submit applications by September 25, 2017 deadline 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.

III. Data

    OMB Control Number: 0625-0277.
    Form Number(s): None.
    Type of Review: Regular submission.
    Affected Public: private individuals.
    Estimated Number of Respondents: 60.
    Estimated Time per Response: 240 minutes.
    Estimated Total Annual Burden Hours: 240 hours.
    Estimated Total Annual Cost to Public: $0.

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; they also will become a matter of public record.

Sheleen Dumas,
Departmental PRA Lead, Office of the Chief Information Officer.
[FR Doc. 2017-18896 Filed 9-6-17; 8:45 am]
 BILLING CODE 3510-DS-P