83 FR 13951 - Swiss-U.S. Privacy Shield; Invitation for Applications for Inclusion on the Supplemental List of Arbitrators

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 63 (April 2, 2018)

Page Range		13951-13952
FR Document		2018-06737

Under the Swiss-U.S. Privacy Shield Framework, the U.S. Department of Commerce (DOC) and the Swiss Administration have committed to implement an arbitration mechanism as set forth in Annex I, to provide Swiss 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 Swiss Administration will work together to implement the arbitration mechanism, including by jointly developing a list of up to five arbitrators with European or Swiss expertise to supplement the list of arbitrators developed under the EU-U.S. Privacy Shield Framework. Parties to a binding arbitration under this Swiss-U.S. Privacy Shield mechanism may only select arbitrators from the list developed under the EU-U.S. Privacy Shield Framework to be supplemented by this list. This notice announces the opportunity to apply for inclusion on the Swiss-U.S. Privacy Shield Supplemental List of Arbitrators developed by the DOC and the Swiss Administration.

Federal Register, Volume 83 Issue 63 (Monday, April 2, 2018)

[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)]
[Notices]
[Pages 13951-13952]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-06737]

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DEPARTMENT OF COMMERCE

International Trade Administration

[Docket No.: 180320298-8298-01]
RIN 0625-XC038

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

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

ACTION: Notice; Invitation for applications.

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SUMMARY: Under the Swiss-U.S. Privacy Shield Framework, the U.S.
Department of Commerce (DOC) and the Swiss Administration have
committed to implement an arbitration mechanism as set forth in Annex
I, to provide Swiss 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 Swiss Administration will work together to implement the
arbitration mechanism, including by jointly developing a list of up to
five arbitrators with European or Swiss expertise to supplement the
list of arbitrators developed under the EU-U.S. Privacy Shield
Framework. Parties to a binding arbitration under this Swiss-U.S.
Privacy Shield mechanism may only select arbitrators from the list
developed under the EU-U.S. Privacy Shield Framework to be supplemented
by this list. This notice announces the opportunity to apply for
inclusion on the Swiss-U.S. Privacy Shield Supplemental List of
Arbitrators developed by the DOC and the Swiss Administration.

DATES: Applications should be received by Friday April 30th, 2018.

ADDRESSES: Please submit applications to David Ritchie at the U.S.
Department of Commerce, either by email at david.ritchie@trade.gov, or
by fax at: 202-482-5522. More information on the arbitration mechanism
may be found at https://www.trade.gov/td/services/odsi/swiss-us-privacyshield-framework.pdf.

FOR FURTHER INFORMATION CONTACT: David Ritchie, International Trade
Administration, 202-482-4936 or david.ritchie@trade.gov.

SUPPLEMENTARY INFORMATION: The Swiss-U.S. Privacy Shield Framework was
designed by the U.S. Department of Commerce (DOC) and the Swiss
Administration (Swiss) to provide companies in both Switzerland and the
United States with a mechanism to comply with data protection
requirements when transferring personal data from Switzerland to the
United States in support of transatlantic commerce. On January 12,
2017, the Swiss deemed the Swiss-U.S. Privacy Shield Framework (Swiss
Privacy Shield) adequate to enable data transfers under Swiss law, and
on April 12, 2017, the DOC began accepting self-certifications from
U.S. companies to join the program (82 FR 16375; April 12, 2017). For
more information on the Privacy Shield, visit www.privacyshield.gov.
As described in Annex I of the Swiss Privacy Shield, the DOC and
the Swiss have committed to implement an arbitration mechanism to
provide Swiss 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 Swiss Privacy Shield and, upon
certification, the commitments the organization has made to comply with
the Swiss Privacy Shield become legally enforceable under U.S. law.
Organizations that self-certify to the Swiss 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 \1\ (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 Swiss Privacy Shield only with respect to the individual. The
parties will select the arbitrators from the list of arbitrators
described below.
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\1\ The Privacy Shield Panel would govern arbitration
proceedings brought under either the Swiss-U.S. or EU-U.S. Privacy
Shield Frameworks.
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The DOC and the Swiss Administration seek to develop a list of up
to five arbitrators to supplement the list of arbitrators developed
under the EU-U.S. Privacy Shield Framework. To be eligible for
inclusion on the supplemental list, applicants must be admitted to
practice law in the United States and have expertise in both U.S.
privacy law and European or Swiss data protection law. Applicants shall
not be subject to any instructions from, or be affiliated with, any
Privacy Shield organization, or the U.S., Switzerland, 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
European or Swiss 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 Swiss Administration. 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 selected the International Centre for Dispute Resolution-
American Arbitration Association (ICDR-AAA) as administrator for
Privacy Shield arbitrations brought under either the Swiss-U.S. or EU-
U.S. Privacy Shield Frameworks.\2\ Among other things, the ICDR-AAA
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
supplemental Swiss-U.S. Privacy Shield List of Arbitrators and to take
reasonable steps

[[Page 13952]]

to minimize the costs or fees of the arbitration.
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\2\ 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 Swiss-U.S. Privacy Shield Framework and generally
accepted ethical standards for arbitrators. The DOC and the Swiss
Administration agreed to adopt the arbitral procedures adopted under
the EU-U.S. Privacy Shield Framework to govern the arbitral
proceedings, subject to considerations identified in Annex I of the
Swiss-U.S. 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. (Please note
that the Arbitration procedures apply to both the EU-U.S. Privacy
Shield Framework and the Swiss-U.S. Privacy Shield Framework.)

Applications

Eligible individuals who wish to be considered for inclusion on the
Swiss-U.S. Privacy Shield Supplemental List of Arbitrators are invited
to submit applications. Applications must be typewritten and should be
headed ``Application for Inclusion on the Swiss-U.S. Privacy Shield
Supplemental 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 organization
that has self-certified under either the Swiss-U.S. or EU-U.S. Privacy
Shield Frameworks, or the U.S., Switzerland, 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 European or
Swiss 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 European or Swiss data protection law,
with copies appended.

Paperwork Reduction Act

OMB has reviewed and approved this information collection on an
emergency basis as of March 26, 2018 under Control Number 0625-0278.
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
oira_submission@omb.eop.gov 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 System of Records Notice 23. Submission of your application
will be considered written consent to share your information with the
Swiss Administration to enable joint development of the list of
arbitrators.

Dated: March 27, 2018.
James M. Sullivan,
Deputy Assistant Secretary for Services, International Trade
Administration, U.S. Department of Commerce.
[FR Doc. 2018-06737 Filed 3-29-18; 4:15 pm]
BILLING CODE 3510-DR-P

Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Notices 13951

Dated: March 22, 2018. FOR FURTHER INFORMATION CONTACT: States and have expertise in both U.S.
James Maeder, David Ritchie, International Trade privacy law and European or Swiss data
Associate Deputy Assistant Secretary for Administration, 202–482–4936 or protection law. Applicants shall not be
Antidumping and Countervailing Duty david.ritchie@trade.gov. subject to any instructions from, or be
Operations performing the duties of Deputy SUPPLEMENTARY INFORMATION: The affiliated with, any Privacy Shield
Assistant Secretary for Antidumping and Swiss-U.S. Privacy Shield Framework organization, or the U.S., Switzerland,
Countervailing Duty Operations. was designed by the U.S. Department of EU, or any EU Member State or any
[FR Doc. 2018–06609 Filed 3–30–18; 8:45 am] Commerce (DOC) and the Swiss other governmental authority, public
BILLING CODE 3510–DS–P Administration (Swiss) to provide authority or enforcement authority.
companies in both Switzerland and the Eligible individuals will be evaluated
United States with a mechanism to on the basis of independence, integrity,
DEPARTMENT OF COMMERCE comply with data protection and expertise:
requirements when transferring Independence:
International Trade Administration
personal data from Switzerland to the • Freedom from bias and prejudice.
[Docket No.: 180320298–8298–01]
United States in support of transatlantic Integrity:
commerce. On January 12, 2017, the
Swiss deemed the Swiss-U.S. Privacy • Held in the highest regard by peers
RIN 0625–XC038 for integrity, fairness and good
Shield Framework (Swiss Privacy
Shield) adequate to enable data transfers judgment.
Swiss-U.S. Privacy Shield; Invitation
for Applications for Inclusion on the under Swiss law, and on April 12, 2017, • Demonstrates high ethical standards
Supplemental List of Arbitrators the DOC began accepting self- and commitment necessary to be an
certifications from U.S. companies to arbitrator.
AGENCY: International Trade join the program (82 FR 16375; April 12, Expertise:
Administration, U.S. Department of 2017). For more information on the Required:
Commerce. Privacy Shield, visit • Admission to practice law in the
ACTION: Notice; Invitation for www.privacyshield.gov. United States.
applications. As described in Annex I of the Swiss • Level of demonstrated expertise in
Privacy Shield, the DOC and the Swiss U.S. privacy law and European or Swiss
SUMMARY: Under the Swiss-U.S. Privacy have committed to implement an data protection law.
Shield Framework, the U.S. Department arbitration mechanism to provide Swiss
of Commerce (DOC) and the Swiss Other expertise that may be
individuals with the ability to invoke considered includes any of the
Administration have committed to binding arbitration to determine, for
implement an arbitration mechanism as following:
residual claims, whether an
set forth in Annex I, to provide Swiss organization has violated its obligations • Relevant educational degrees and
individuals with the ability to invoke under the Privacy Shield. Organizations professional licenses.
binding arbitration to determine, for voluntarily self-certify to the Swiss • Relevant professional or academic
residual claims, whether an Privacy Shield and, upon certification, experience or legal practice.
organization has violated its obligations the commitments the organization has • Relevant training or experience in
under the Privacy Shield Framework. made to comply with the Swiss Privacy arbitration or other forms of dispute
The DOC and the Swiss Administration Shield become legally enforceable under resolution.
will work together to implement the U.S. law. Organizations that self-certify Evaluation of applications for
arbitration mechanism, including by to the Swiss Privacy Shield commit to inclusion on the list of arbitrators will
jointly developing a list of up to five binding arbitration of residual claims if be undertaken by the DOC and the
arbitrators with European or Swiss the individual chooses to exercise that Swiss Administration. Selected
expertise to supplement the list of option. Under the arbitration option, a applicants will remain on the list for a
arbitrators developed under the EU-U.S. Privacy Shield Panel 1 (consisting of one period of 3 years, absent exceptional
Privacy Shield Framework. Parties to a or three arbitrators, as agreed by the circumstances, change in eligibility, or
binding arbitration under this Swiss- parties) has the authority to impose for cause, renewable for one additional
U.S. Privacy Shield mechanism may individual-specific, non-monetary period of 3 years.
only select arbitrators from the list equitable relief (such as access, The DOC selected the International
developed under the EU-U.S. Privacy correction, deletion, or return of the Centre for Dispute Resolution-American
Shield Framework to be supplemented individual’s data in question) necessary Arbitration Association (ICDR–AAA) as
by this list. This notice announces the to remedy the violation of the Swiss administrator for Privacy Shield
opportunity to apply for inclusion on Privacy Shield only with respect to the arbitrations brought under either the
the Swiss-U.S. Privacy Shield individual. The parties will select the Swiss-U.S. or EU-U.S. Privacy Shield
Supplemental List of Arbitrators arbitrators from the list of arbitrators Frameworks.2 Among other things, the
developed by the DOC and the Swiss described below. ICDR–AAA will facilitate arbitrator fee
Administration. The DOC and the Swiss arrangements, including the collection
DATES: Applications should be received Administration seek to develop a list of and timely payment of arbitrator fees
by Friday April 30th, 2018. up to five arbitrators to supplement the and other expenses. Arbitrators are
list of arbitrators developed under the expected to commit their time and effort
ADDRESSES: Please submit applications
EU-U.S. Privacy Shield Framework. To
daltland on DSKBBV9HB2PROD with NOTICES

when included on the supplemental
to David Ritchie at the U.S. Department be eligible for inclusion on the Swiss-U.S. Privacy Shield List of
of Commerce, either by email at supplemental list, applicants must be Arbitrators and to take reasonable steps
david.ritchie@trade.gov, or by fax at: admitted to practice law in the United
202–482–5522. More information on the 2 For more information about the selection
arbitration mechanism may be found at 1 The Privacy Shield Panel would govern process and the role of the administrator, see
https://www.trade.gov/td/services/odsi/ arbitration proceedings brought under either the https://www.privacyshield.gov/Arbitration-Fact-
swiss-us-privacyshield-framework.pdf. Swiss-U.S. or EU-U.S. Privacy Shield Frameworks. Sheet.

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Document Created: 2018-11-01 09:09:02
Document Modified: 2018-11-01 09:09:02

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; Invitation for applications.
Dates		Applications should be received by Friday April 30th, 2018.
Contact		David Ritchie, International Trade Administration, 202-482-4936 or [email protected]
FR Citation		83 FR 13951
RIN Number		0625-XC03

83 FR 13951 - Swiss-U.S. Privacy Shield; Invitation for Applications for Inclusion on the Supplemental List of Arbitrators

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 83, Issue 63 (April 2, 2018)

DEPARTMENT OF COMMERCE
International Trade Administration