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)

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, 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 [email protected], 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 [email protected].

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 
[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 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