83 FR 50932 - mResource LLC; Analysis To Aid Public Comment

FEDERAL TRADE COMMISSION

Federal Register Volume 83, Issue 196 (October 10, 2018)

Page Range		50932-50933
FR Document		2018-21945
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.
Federal Register, Volume 83 Issue 196 (Wednesday, October 10, 2018)
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Notices]
[Pages 50932-50933]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21945]


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FEDERAL TRADE COMMISSION

[File No. 182 3143]


mResource LLC; Analysis To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

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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: ``mResource LLC'' on 
your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/mresourceloopworks consent by following 
the instructions on the web-based form. If you prefer to file your 
comment on paper, write ``MResource LLC; File No. 1823143'' 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 ``mResource LLC; File No. 1823143'' 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/mresourceloopworksconsent by following the instructions on the web-
based form. If 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 ``mResource LLC; 
File No. 1823143'' 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 
mResource LLC, doing business as Loop Works LLC (``Loop Works'' or 
``the company'').

[[Page 50933]]

    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 Loop Works 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.
    Loop Works offers recruitment and ``talent management'' services. 
According to the Commission's complaint, the company has set forth on 
its website, http://www.loopworks.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 Loop Works deceptively 
represented that it was a current participant in the EU-U.S. Privacy 
Shield framework when, in fact, it was not.
    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 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. 2018-21945 Filed 10-9-18; 8:45 am]
 BILLING CODE 6750-01-P
Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices 50933

The proposed consent order has been Part I of the proposed order prohibits agencies. CDC received two anonymous
placed on the public record for thirty the company from making non-substantive public comments
(30) days for receipt of comments by misrepresentations about its related to the previous notice. This
interested persons. Comments received membership in any privacy or security notice serves to allow an additional 30
during this period will become part of program sponsored by the government days for public and affected agency
the public record. After thirty days, the or any other self-regulatory or standard- comments.
Commission will again review the setting organization, including, but not CDC will accept all comments for this
agreement and the comments received, limited to, the EU–U.S. Privacy Shield proposed information collection project.
and will decide whether it should framework and the Swiss-U.S. Privacy The Office of Management and Budget
withdraw from the agreement and take Shield framework. is particularly interested in comments
appropriate action or make final the Parts II through VI of the proposed that:
agreement’s proposed order. order are reporting and compliance (a) Evaluate whether the proposed
This matter concerns alleged false or provisions. Part II requires collection of information is necessary
misleading representations that Loop acknowledgement of the order and for the proper performance of the
Works made to consumers concerning dissemination of the order now and in functions of the agency, including
its participation in the Privacy Shield the future to persons with whether the information will have
framework agreed upon by the U.S. and responsibilities relating to the subject practical utility;
the European Union (‘‘EU’’). The matter of the order. Part III ensures (b) Evaluate the accuracy of the
Privacy Shield framework allows U.S. notification to the FTC of changes in agencies estimate of the burden of the
companies to transfer data outside the corporate status and mandates that the proposed collection of information,
EU consistent with EU law. To join the company submit an initial compliance including the validity of the
EU–U.S. Privacy Shield framework, a report to the FTC. Part IV requires the methodology and assumptions used;
company must self-certify to the U.S. company to retain documents relating to (c) Enhance the quality, utility, and
Department of Commerce (‘‘Commerce’’) its compliance with the order for a five- clarity of the information to be
that it complies with a set of principles year period. collected;
and related requirements that have been Part V mandates that the company (d) Minimize the burden of the
deemed by the European Commission as make available to the FTC information collection of information on those who
providing ‘‘adequate’’ privacy or subsequent compliance reports, as are to respond, including, through the
protection. The principles include requested. Part VI is a provision use of appropriate automated,
notice; choice; accountability for ‘‘sunsetting’’ the order after twenty (20) electronic, mechanical, or other
onward transfer; security; data integrity years, with certain exceptions. technological collection techniques or
and purpose limitation; access; and The purpose of this analysis is to other forms of information technology,
recourse, enforcement, and liability. The facilitate public comment on the e.g., permitting electronic submission of
related requirements include, for proposed order. It is not intended to responses; and
constitute an official interpretation of (e) Assess information collection
example, securing an independent
the proposed complaint or order or to costs.
recourse mechanism to handle any To request additional information on
disputes about how the company modify the order’s terms in any way.
the proposed project or to obtain a copy
handles information about EU citizens. By direction of the Commission, of the information collection plan and
Commerce reviews these applications Commissioner Wilson not participating.
instruments, call (404) 639–7570 or
for self-certification and maintains a Donald S. Clark, send an email to omb@cdc.gov. Direct
public website, https:// Secretary. written comments and/or suggestions
www.privacyshield.gov/list, where it [FR Doc. 2018–21945 Filed 10–9–18; 8:45 am] regarding the items contained in this
posts the names of companies that have BILLING CODE 6750–01–P notice to the Attention: CDC Desk
self-certified to the EU–U.S. Privacy Officer, Office of Management and
Shield framework and completed the Budget, 725 17th Street NW,
requirements for certification. The Washington, DC 20503 or by fax to (202)
DEPARTMENT OF HEALTH AND
listing of companies indicates whether 395–5806. Provide written comments
HUMAN SERVICES
their self-certification is current. within 30 days of notice publication.
Companies are required to re-certify Centers for Disease Control and
every year in order to retain their status Prevention Proposed Project
as current members of the EU–U.S. DELTA Impact Recipient Monitoring
Privacy Shield framework. [30Day–19–18FO]
and Assessment Tools—New—National
Loop Works offers recruitment and Center for Injury Prevention and Control
Agency Forms Undergoing Paperwork
‘‘talent management’’ services. (NCIPC), Centers for Disease Control
Reduction Act Review
According to the Commission’s and Prevention (CDC).
complaint, the company has set forth on In accordance with the Paperwork
its website, http://www.loopworks.com, Reduction Act of 1995, the Centers for Background and Brief Description
privacy policies and statements about Disease Control and Prevention (CDC) Violence is a serious, yet preventable,
its practices, including statements has submitted the information public health problem. Intimate partner
related to the status of its participation collection request titled Delta Impact violence (IPV) affects millions of
in the EU–U.S. Privacy Shield Recipient Monitoring and Assessment women, men, and children. In the
amozie on DSK3GDR082PROD with NOTICES1

framework. Tools to the Office of Management and United States, one in four women and
The Commission’s complaint alleges Budget (OMB) for review and approval. one in nine men experience contact
that Loop Works deceptively CDC previously published a ‘‘Proposed sexual violence, physical violence, and/
represented that it was a current Data Collection Submitted for Public or stalking by an intimate partner with
participant in the EU–U.S. Privacy Comment and Recommendations’’ a negative impact such as injury, fear,
Shield framework when, in fact, it was notice on January 19, 2018 to obtain concern for safety, or needing services.
not. comments from the public and affected The Centers for Disease Control and

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Document Created: 2018-10-10 17:36:59
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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 50932