83 FR 50930 - IDmission LLC; Analysis To Aid Public Comment
FEDERAL TRADE COMMISSION Federal Register Volume 83, Issue 196 (October 10, 2018)
Federal Register Volume 83, Issue 196 (October 10, 2018)
| Page Range | 50930-50932 | |
| FR Document | 2018-21944 |
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)] [Notices] [Pages 50930-50932] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21944] ----------------------------------------------------------------------- FEDERAL TRADE COMMISSION [File No. 182 3150] IDmission LLC; Analysis To Aid Public Comment AGENCY: Federal Trade Commission. ACTION: Proposed consent agreement. ----------------------------------------------------------------------- SUMMARY: The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. The attached Analysis to Aid Public Comment describes both the allegations in the complaint and the terms of the consent order-- embodied in the consent agreement--that would settle these allegations. DATES: Comments must be received on or before October 29, 2018. ADDRESSES: Interested parties may file a comment online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write: ``IDmission LLC'' on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/idmissionconsent/ by following the instructions on the web-based form. If you prefer to file your comment on paper, write ``IDmission LLC; File No. 1823150'' on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex D), Washington, DC 20580; or deliver your comment to: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Ruth Yodaiken (202-326-2127), Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty (30) days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for September 27, 2018), on the World Wide Web, at https://www.ftc.gov/news-events/commission-actions. You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before October 29, 2018. Write ``IDmission LLC; File No. 1823150'' on your comment. Your comment--including your name and your state--will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission website, at https://www.ftc.gov/policy/public-comments. Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at https://ftcpublic.commentworks.com/ftc/idmissionconsent/ by following the instructions on the web-based form. If [[Page 50931]] this Notice appears at http://www.regulations.gov/#!home, you also may file a comment through that website. If you prefer to file your comment on paper, write ``IDmission LLC; File No. 1823150'' on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex D), Washington, DC 20580; or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. If possible, submit your paper comment to the Commission by courier or overnight service. Because your comment will be placed on the publicly accessible FTC website at http://www.ftc.gov, you are solely responsible for making sure that your comment does not include any sensitive or confidential information. In particular, your comment should not include any sensitive personal information, such as your or anyone else's Social Security number; date of birth; driver's license number or other state identification number, or foreign country equivalent; passport number; financial account number; or credit or debit card number. You are also solely responsible for making sure that your comment does not include any sensitive health information, such as medical records or other individually identifiable health information. In addition, your comment should not include any ``trade secret or any commercial or financial information which . . . is privileged or confidential''--as provided by Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)--including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. Comments containing material for which confidential treatment is requested must be filed in paper form, must be clearly labeled ``Confidential,'' and must comply with FTC Rule 4.9(c). In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c). Your comment will be kept confidential only if the General Counsel grants your request in accordance with the law and the public interest. Once your comment has been posted on the public FTC website--as legally required by FTC Rule 4.9(b)--we cannot redact or remove your comment from the FTC website, unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule 4.9(c), and the General Counsel grants that request. Visit the FTC website at http://www.ftc.gov to read this Notice and the news release describing it. The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding, as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before October 29, 2018. For information on the Commission's privacy policy, including routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy. Analysis of Proposed Consent Order To Aid Public Comment The Federal Trade Commission (``FTC'' or ``Commission'') has accepted, subject to final approval, a consent agreement applicable to IDmission LLC (``IDmission'' or ``the company''). The proposed consent order has been placed on the public record for thirty (30) days for receipt of comments by interested persons. Comments received during this period will become part of the public record. After thirty days, the Commission will again review the agreement and the comments received, and will decide whether it should withdraw from the agreement and take appropriate action or make final the agreement's proposed order. This matter concerns alleged false or misleading representations that IDmission made to consumers concerning its participation in the Privacy Shield framework agreed upon by the U.S. and the European Union (``EU''). The Privacy Shield framework allows U.S. companies to transfer data outside the EU consistent with EU law. To join the EU- U.S. Privacy Shield framework, a company must self-certify to the U.S. Department of Commerce (``Commerce'') that it complies with a set of principles and related requirements that have been deemed by the European Commission as providing ``adequate'' privacy protection. The principles include notice; choice; accountability for onward transfer; security; data integrity and purpose limitation; access; and recourse, enforcement, and liability. The related requirements include, for example, securing an independent recourse mechanism to handle any disputes about how the company handles information about EU citizens. Commerce reviews these applications for self-certification and maintains a public website, https://www.privacyshield.gov/list, where it posts the names of companies that have self-certified to the EU-U.S. Privacy Shield framework and completed the requirements for certification. The listing of companies indicates whether their self- certification is current. Companies are required to re-certify every year in order to retain their status as current members of the EU-U.S. Privacy Shield framework. IDmission offers a cloud-based technology platform to help business clients engage with their customers. According to the Commission's complaint, the company has set forth on its website, http://www.idmission.com/, privacy policies and statements about its practices, including statements related to the status of its participation in the EU-U.S. Privacy Shield framework. The Commission's complaint alleges that IDmission deceptively represented that it was a participant in the EU-U.S. Privacy Shield framework when, in fact, it did not complete the steps necessary to participate in the EU-U.S. Privacy Shield framework. Part I of the proposed order prohibits the company from making misrepresentations about its membership in any privacy or security program sponsored by the government or any other self-regulatory or standard-setting organization, including, but not limited to, the EU- U.S. Privacy Shield framework and the Swiss-U.S. Privacy Shield framework. Parts II through VI of the proposed order are reporting and compliance provisions. Part II requires acknowledgement of the order and dissemination of the order now and in the future to persons with responsibilities relating to the subject matter of the order. Part III ensures notification to the FTC of changes in corporate status and mandates that the company submit an initial compliance report to the FTC. Part IV requires the company to retain documents relating to its compliance with the order for a five-year period. Part V mandates that the company make available to the FTC information or subsequent compliance reports, as requested. Part VI is a provision ``sunsetting'' the order after twenty (20) years, with certain exceptions. The purpose of this analysis is to facilitate public comment on the proposed order. It is not intended to constitute an official interpretation of [[Page 50932]] the proposed complaint or order or to modify the order's terms in any way. By direction of the Commission, Commissioner Wilson not participating. Donald S. Clark, Secretary. [FR Doc. 2018-21944 Filed 10-9-18; 8:45 am] BILLING CODE 6750-01-P
![50930 Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices
framework, a company must self-certify Shield framework. Because the Request for Comment part of the
to the U.S. Department of Commerce company had a certification that had SUPPLEMENTARY INFORMATION section
(‘‘Commerce’’) that it complies with a lapsed, Part II requires the company to below. Write: ‘‘IDmission LLC’’ on your
set of principles and related comply with the Privacy Shield comment, and file your comment online
requirements that have been deemed by requirement to continue to protect, on a at https://ftcpublic.commentworks.com/
the European Commission as providing going forward basis, personal ftc/idmissionconsent/ by following the
‘‘adequate’’ privacy protection. The information it had received while in the instructions on the web-based form. If
principles include notice; choice; program, or return or delete the you prefer to file your comment on
accountability for onward transfer; information. paper, write ‘‘IDmission LLC; File No.
security; data integrity and purpose Parts III through VII of the proposed 1823150’’ on your comment and on the
limitation; access; and recourse, order are reporting and compliance envelope, and mail your comment to the
enforcement, and liability. The related provisions. Part III requires following address: Federal Trade
requirements include, for example, acknowledgement of the order and Commission, Office of the Secretary,
securing an independent recourse dissemination of the order now and in 600 Pennsylvania Avenue NW, Suite
mechanism to handle any disputes the future to persons with CC–5610 (Annex D), Washington, DC
about how the company handles responsibilities relating to the subject 20580; or deliver your comment to:
information about EU citizens. matter of the order. Part IV ensures Federal Trade Commission, Office of the
Commerce reviews these applications notification to the FTC of changes in Secretary, Constitution Center, 400 7th
for self-certification and maintains a corporate status and mandates that the Street SW, 5th Floor, Suite 5610 (Annex
public website, https:// company submit an initial compliance D), Washington, DC 20024.
www.privacyshield.gov/list, where it report to the FTC. Part V requires the FOR FURTHER INFORMATION CONTACT:
posts the names of companies that have company to retain documents relating to Ruth Yodaiken (202–326–2127), Bureau
self-certified to the EU–U.S. Privacy its compliance with the order for a five- of Consumer Protection, Federal Trade
Shield framework and completed the year period. Commission, 600 Pennsylvania Avenue
requirements for certification. The Part VI mandates that the company NW, Washington, DC 20580.
listing of companies indicates whether make available to the FTC information
SUPPLEMENTARY INFORMATION: Pursuant
their self-certification is current. or subsequent compliance reports, as
Companies are required to re-certify to Section 6(f) of the Federal Trade
requested. Part VII is a provision
every year in order to retain their status Commission Act, 15 U.S.C. 46(f), and
‘‘sunsetting’’ the order after twenty (20)
as current members of the EU–U.S. FTC Rule 2.34, 16 CFR 2.34, notice is
years, with certain exceptions.
Privacy Shield framework. hereby given that the above-captioned
The purpose of this analysis is to
SmartStart offers background and consent agreement containing a consent
facilitate public comment on the
employment screening services. order to cease and desist, having been
proposed order. It is not intended to
According to the Commission’s filed with and accepted, subject to final
constitute an official interpretation of
complaint, the company has set forth on approval, by the Commission, has been
the proposed complaint or order or to
its website, http://www.smartstart placed on the public record for a period
modify the order’s terms in any way.
employmentscreeninginc.com, privacy of thirty (30) days. The following
By direction of the Commission, Analysis to Aid Public Comment
policies and statements about its Commissioner Wilson not participating.
practices, including statements related describes the terms of the consent
Donald S. Clark, agreement, and the allegations in the
to the status of its participation in the
EU–U.S. Privacy Shield framework. Secretary. complaint. An electronic copy of the
The Commission’s complaint alleges [FR Doc. 2018–21946 Filed 10–9–18; 8:45 am] full text of the consent agreement
that SmartStart deceptively represented BILLING CODE 6750–01–P package can be obtained from the FTC
that it was a current participant in the Home Page (for September 27, 2018), on
EU–U.S. Privacy Shield framework the World Wide Web, at https://
when, in fact, it was not. The complaint FEDERAL TRADE COMMISSION www.ftc.gov/news-events/commission-
also alleges that the company [File No. 182 3150] actions.
deceptively represented that it would You can file a comment online or on
abide by the EU–U.S. Privacy Shield IDmission LLC; Analysis To Aid Public paper. For the Commission to consider
framework principles, but did not do so. Comment your comment, we must receive it on or
The principles include a requirement before October 29, 2018. Write
that if a company ceases to participate AGENCY: Federal Trade Commission. ‘‘IDmission LLC; File No. 1823150’’ on
in the EU–U.S. Privacy Shield ACTION: Proposed consent agreement. your comment. Your comment—
framework, it must affirm to Commerce including your name and your state—
SUMMARY: The consent agreement in this
that it will continue to apply the will be placed on the public record of
matter settles alleged violations of
principles to personal information that this proceeding, including, to the extent
federal law prohibiting unfair or
it received during the time it practicable, on the public Commission
deceptive acts or practices. The attached
participated in the program, but website, at https://www.ftc.gov/policy/
Analysis to Aid Public Comment
according to the complaint, SmartStart public-comments.
describes both the allegations in the
did not make such an affirmation. Postal mail addressed to the
complaint and the terms of the consent
Part I of the proposed order prohibits Commission is subject to delay due to
order—embodied in the consent
the company from making heightened security screening. As a
amozie on DSK3GDR082PROD with NOTICES1
agreement—that would settle these
misrepresentations about its result, we encourage you to submit your
allegations.
membership in any privacy or security comments online. To make sure that the
program sponsored by the government DATES: Comments must be received on Commission considers your online
or any other self-regulatory or standard- or before October 29, 2018. comment, you must file it at https://
setting organization, including, but not ADDRESSES: Interested parties may file a ftcpublic.commentworks.com/ftc/
limited to, the EU–U.S. Privacy Shield comment online or on paper, by idmissionconsent/ by following the
framework and the Swiss-U.S. Privacy following the instructions in the instructions on the web-based form. If
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![50932 Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices
the proposed complaint or order or to filed with and accepted, subject to final country equivalent; passport number;
modify the order’s terms in any way. approval, by the Commission, has been financial account number; or credit or
By direction of the Commission, placed on the public record for a period debit card number. You are also solely
Commissioner Wilson not participating. of thirty (30) days. The following responsible for making sure that your
Donald S. Clark, Analysis to Aid Public Comment comment does not include any sensitive
describes the terms of the consent health information, such as medical
Secretary.
agreement, and the allegations in the records or other individually
[FR Doc. 2018–21944 Filed 10–9–18; 8:45 am]
complaint. An electronic copy of the identifiable health information. In
BILLING CODE 6750–01–P
full text of the consent agreement addition, your comment should not
package can be obtained from the FTC include any ‘‘trade secret or any
Home Page (for September 27, 2018), on commercial or financial information
FEDERAL TRADE COMMISSION
the World Wide Web, at https:// which . . . is privileged or
[File No. 182 3143] www.ftc.gov/news-events/commission- confidential’’—as provided by Section
actions. 6(f) of the FTC Act, 15 U.S.C. 46(f), and
mResource LLC; Analysis To Aid You can file a comment online or on FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—
Public Comment paper. For the Commission to consider including in particular competitively
your comment, we must receive it on or sensitive information such as costs,
AGENCY: Federal Trade Commission.
before October 29, 2018. Write sales statistics, inventories, formulas,
ACTION: Proposed consent agreement. ‘‘mResource LLC; File No. 1823143’’ on patterns, devices, manufacturing
your comment. Your comment— processes, or customer names.
SUMMARY: The consent agreement in this
including your name and your state— Comments containing material for
matter settles alleged violations of
will be placed on the public record of which confidential treatment is
federal law prohibiting unfair or
this proceeding, including, to the extent requested must be filed in paper form,
deceptive acts or practices. The attached
practicable, on the public Commission must be clearly labeled ‘‘Confidential,’’
Analysis to Aid Public Comment
website, at https://www.ftc.gov/policy/ and must comply with FTC Rule 4.9(c).
describes both the allegations in the
public-comments. In particular, the written request for
complaint and the terms of the consent Postal mail addressed to the confidential treatment that accompanies
order—embodied in the consent Commission is subject to delay due to the comment must include the factual
agreement—that would settle these heightened security screening. As a and legal basis for the request, and must
allegations. result, we encourage you to submit your identify the specific portions of the
DATES: Comments must be received on comments online. To make sure that the comment to be withheld from the public
or before October 29, 2018. Commission considers your online record. See FTC Rule 4.9(c). Your
ADDRESSES: Interested parties may file a comment, you must file it at https:// comment will be kept confidential only
comment online or on paper, by ftcpublic.commentworks.com/ftc/ if the General Counsel grants your
following the instructions in the mresourceloopworksconsent by request in accordance with the law and
Request for Comment part of the following the instructions on the web- the public interest. Once your comment
SUPPLEMENTARY INFORMATION section based form. If this Notice appears at has been posted on the public FTC
below. Write: ‘‘mResource LLC’’ on your http://www.regulations.gov/#!home, you website—as legally required by FTC
comment, and file your comment online also may file a comment through that Rule 4.9(b)—we cannot redact or
at https://ftcpublic.commentworks.com/ website. remove your comment from the FTC
ftc/mresourceloopworks consent by If you prefer to file your comment on website, unless you submit a
following the instructions on the web- paper, write ‘‘mResource LLC; File No. confidentiality request that meets the
based form. If you prefer to file your 1823143’’ on your comment and on the requirements for such treatment under
comment on paper, write ‘‘MResource envelope, and mail your comment to the FTC Rule 4.9(c), and the General
following address: Federal Trade Counsel grants that request.
LLC; File No. 1823143’’ on your
Commission, Office of the Secretary, Visit the FTC website at http://
comment and on the envelope, and mail
600 Pennsylvania Avenue NW, Suite www.ftc.gov to read this Notice and the
your comment to the following address:
CC–5610 (Annex D), Washington, DC news release describing it. The FTC Act
Federal Trade Commission, Office of the
20580; or deliver your comment to the and other laws that the Commission
Secretary, 600 Pennsylvania Avenue
following address: Federal Trade administers permit the collection of
NW, Suite CC–5610 (Annex D),
Commission, Office of the Secretary, public comments to consider and use in
Washington, DC 20580; or deliver your
Constitution Center, 400 7th Street SW, this proceeding, as appropriate. The
comment to: Federal Trade Commission,
5th Floor, Suite 5610 (Annex D), Commission will consider all timely
Office of the Secretary, Constitution
Washington, DC 20024. If possible, and responsive public comments that it
Center, 400 7th Street SW, 5th Floor,
submit your paper comment to the receives on or before October 29, 2018.
Suite 5610 (Annex D), Washington, DC
Commission by courier or overnight For information on the Commission’s
20024.
service. privacy policy, including routine uses
FOR FURTHER INFORMATION CONTACT: Because your comment will be placed permitted by the Privacy Act, see
Ruth Yodaiken (202–326–2127), Bureau on the publicly accessible FTC website https://www.ftc.gov/site-information/
of Consumer Protection, Federal Trade at http://www.ftc.gov, you are solely privacy-policy.
Commission, 600 Pennsylvania Avenue responsible for making sure that your
NW, Washington, DC 20580. comment does not include any sensitive Analysis of Proposed Consent Order To
amozie on DSK3GDR082PROD with NOTICES1
SUPPLEMENTARY INFORMATION: Pursuant or confidential information. In Aid Public Comment
to Section 6(f) of the Federal Trade particular, your comment should not The Federal Trade Commission
Commission Act, 15 U.S.C. 46(f), and include any sensitive personal (‘‘FTC’’ or ‘‘Commission’’) has accepted,
FTC Rule 2.34, 16 CFR 2.34, notice is information, such as your or anyone subject to final approval, a consent
hereby given that the above-captioned else’s Social Security number; date of agreement applicable to mResource
consent agreement containing a consent birth; driver’s license number or other LLC, doing business as Loop Works LLC
order to cease and desist, having been state identification number, or foreign (‘‘Loop Works’’ or ‘‘the company’’).
VerDate Sep<11>2014 21:20 Oct 09, 2018 Jkt 247001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\10OCN1.SGM 10OCN1](https://thefederalregister.org/doc/83_FR_51126/page/3.svg)
Document Created: 2018-10-10 17:35:38
Document Modified: 2018-10-10 17:35:38
| 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 | Proposed consent agreement. | |
| Dates | Comments must be received on or before October 29, 2018. | |
| Contact | Ruth Yodaiken (202-326-2127), Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. | |
| FR Citation | 83 FR 50930 |
2025 Federal Register | Disclaimer | Privacy Policy
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