83_FR_57044 83 FR 56824 - Developing a Privacy Framework

83 FR 56824 - Developing a Privacy Framework

DEPARTMENT OF COMMERCE
National Institute of Standards and Technology

Federal Register Volume 83, Issue 220 (November 14, 2018)

Page Range56824-56827
FR Document2018-24714

The National Institute of Standards and Technology (NIST) is developing a framework that can be used to improve organizations' management of privacy risk for individuals arising from the collection, storage, use, and sharing of their information.\1\ The NIST Privacy Framework: An Enterprise Risk Management Tool (``Privacy Framework''), is intended for voluntary use and is envisioned to consist of outcomes and approaches that align policy, business, technological, and legal approaches to improve organizations' management of processes for incorporating privacy protections into products and services. This notice requests information to help identify, understand, refine, and guide development of the Privacy Framework. The Privacy Framework will be developed through a consensus-driven, open, and collaborative process that will include workshops and other opportunities to provide input. ---------------------------------------------------------------------------

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018)
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56824-56827]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24714]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket Number 181101997-8997-01]


Developing a Privacy Framework

AGENCY: National Institute of Standards and Technology, U.S. Department 
of Commerce.

ACTION: Notice; request for information (RFI).

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SUMMARY: The National Institute of Standards and Technology (NIST) is 
developing a framework that can be used to improve organizations' 
management of privacy risk for individuals arising from the collection, 
storage, use, and sharing of their information.\1\ The NIST Privacy 
Framework: An Enterprise Risk Management Tool (``Privacy Framework''), 
is intended for voluntary use and is envisioned to consist of outcomes 
and approaches that align policy, business, technological, and legal 
approaches to improve organizations' management of processes for 
incorporating privacy protections into products and services. This 
notice requests information to help identify, understand, refine, and 
guide development of the Privacy Framework. The Privacy Framework will 
be developed through a consensus-driven, open, and collaborative 
process that will include workshops and other opportunities to provide 
input.
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    \1\ While NIST requests information about how organizations 
define privacy risk in topic #3 below, for the purposes of this RFI, 
NIST references the privacy risk model set forth in NISTIR 8062, An 
Introduction to Privacy Engineering and Risk Management in Federal 
Systems at https://csrc.nist.gov/publications/detail/nistir/8062/final, which analyzes the problems that individuals might experience 
as a result of the processing of their information, and the impact 
if they were to occur.

DATES: Comments in response to this notice must be received by 5:00 
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p.m. Eastern time on December 31, 2018.

ADDRESSES: Written comments may be submitted by mail to Katie 
MacFarland, National Institute of Standards and Technology, 100 Bureau 
Drive, Stop 2000, Gaithersburg, MD 20899. Electronic submissions may be 
sent to [email protected], and may be in any of the following 
formats: HTML, ASCII, Word, RTF, or PDF. Please cite ``Developing a 
Privacy Framework'' in all correspondence. Comments received by the 
deadline will be posted at http://www.nist.gov/privacyframework without 
change or redaction, so commenters should not include information they 
do not wish to be posted (e.g., personal or confidential business 
information). Comments that contain profanity, vulgarity, threats, or 
other inappropriate language or content will not be posted or 
considered.

FOR FURTHER INFORMATION CONTACT: For questions about this RFI contact: 
Naomi Lefkovitz, U.S. Department of Commerce, NIST, MS 2000, 100 Bureau 
Drive, Gaithersburg, MD 20899, telephone (301) 975-2924, email 
[email protected]. Please direct media inquiries to NIST's 
Public Affairs Office at (301) 975-NIST.

SUPPLEMENTARY INFORMATION: 

Genesis for the Privacy Framework's Development

    It is a challenge to design, operate, or use technologies in ways 
that are mindful of diverse privacy needs in an increasingly connected 
and complex environment. Current and cutting-edge technologies such as 
mobile devices, social media, the Internet of Things and artificial 
intelligence are giving rise to increased concerns about their impacts 
on individuals' privacy. Inside and outside the U.S., there are 
multiple visions for how to address these concerns. Accordingly, the 
U.S. Department of Commerce (DOC) is developing a forward-thinking 
approach that supports both business innovation and strong privacy 
protections. As part of this effort, NIST is developing a voluntary 
Privacy Framework to help organizations: better identify, assess, 
manage, and communicate privacy risks; foster the development of 
innovative approaches to protecting individuals' privacy; and increase 
trust in products and services.\2\ The Privacy Framework is intended to 
be a tool that would assist with enterprise risk management.
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    \2\ In parallel with this effort, the DOC's National 
Telecommunications and Information Administration is developing a 
set of privacy principles in support of a domestic policy approach 
that advances consumer privacy protections while protecting 
prosperity and innovation, in coordination with DOC's International 
Trade Administration to ensure consistency with international policy 
objectives: https://www.ntia.doc.gov/federal-register-notice/2018/request-comments-developing-administration-s-approach-consumer-privacy.
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Privacy Framework Development and Attributes

    While good cybersecurity practices help manage privacy risk through 
the protection of personally identifiable information (PII),\3\ privacy 
risks also can arise from how organizations collect, store, use, and 
share PII to meet their mission or business objective, as well as how 
individuals interact with products and services. NIST seeks to 
understand whether organizations that design, operate, or use these 
products and services would be better able to address the full scope of 
privacy risk with more tools to support better implementation of 
privacy protections.
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    \3\ For the purposes of this RFI, NIST is using the definition 
from the Office of Management and Budget Circular A-130. PII is 
defined as ``information that can be used to distinguish or trace an 
individual's identity, either alone or when combined with other 
information that is linked or linkable to a specific individual.''
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    NIST will develop the Privacy Framework in a manner consistent with 
its mission to promote U.S. innovation and industrial competitiveness, 
and is seeking input from all interested stakeholders. NIST intends for 
the Framework to provide a prioritized, flexible, risk-based, outcome-
based, and cost-effective approach that can be compatible with existing 
legal and regulatory regimes in order to be the most useful to 
organizations and enable widespread adoption. NIST expects that the 
Privacy Framework development process will involve several iterations 
to

[[Page 56825]]

allow for continuing engagement with interested stakeholders. This will 
include interactive workshops, along with other forms of outreach.
    On October 16, 2018, NIST held its first workshop in Austin, Texas 
to launch the framework development process.\4\ NIST heard from 
panelists from industry, civil society and academia, as well as 
audience participants about the needs the Privacy Framework should 
address and some key desired characteristics. As a consequence, NIST 
believes that in order to be effective, the Privacy Framework should 
have the following minimum attributes:
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    \4\ https://www.nist.gov/news-events/events/2018/10/kicking-nist-privacy-framework-workshop-1.
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    1. Consensus-driven and developed and updated through an open, 
transparent process. All stakeholders should have the opportunity to 
contribute to the Privacy Framework's development. NIST has a long 
track record of successfully and collaboratively working with 
stakeholders to develop guidelines and standards. NIST will model the 
approach for the Privacy Framework on the successful, open, 
transparent, and collaborative approach used to develop the Framework 
for Improving Critical Infrastructure Cybersecurity (``Cybersecurity 
Framework'').\5\
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    \5\ https://www.nist.gov/cyberframework/framework.
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    2. Common and accessible language. The Privacy Framework should be 
understandable by a broad audience, including senior executives and 
those who are not privacy professionals. The Privacy Framework can then 
facilitate communications among various stakeholders by promoting use 
of this common language.
    3. Adaptable to many different organizations, technologies, 
lifecycle phases, sectors, and uses. The Privacy Framework should be 
scalable to organizations of all sizes, public or private, in any 
sector, and operating within or across domestic borders. It should be 
platform- and technology- agnostic and customizable.
    4. Risk-based, outcome-based, voluntary, and non-prescriptive. The 
Privacy Framework should provide a catalog of privacy outcomes and 
approaches to be used voluntarily, rather than a set of one-size-fits-
all requirements, in order to: Foster innovation in products and 
services; inform education and workforce development; and promote 
research on and adoption of effective privacy solutions. The Privacy 
Framework should assist organizations to better manage privacy risks 
within their diverse environments without prescribing the methods for 
managing privacy risk.
    5. Readily usable as part of any enterprise's broader risk 
management strategy and processes. The Privacy Framework should be 
consistent with, or reinforce, other risk management efforts within the 
enterprise, recognizing that privacy is one of several major areas of 
risk that an organization needs to manage.
    6. Compatible with or may be paired with other privacy approaches. 
The Privacy Framework should take advantage of existing privacy 
standards, methodologies, and guidance. It should be compatible with 
and support organizations' ability to operate under applicable domestic 
and international legal or regulatory regimes.
    7. A living document. The Privacy Framework should be updated as 
technology and approaches to privacy protection change and as 
stakeholders learn from implementation.
    Although the goal of the Privacy Framework is to help organizations 
better identify, assess, manage, and communicate privacy risks, NIST 
expects there may be aspects of privacy practices that are not 
sufficiently developed for inclusion in the Privacy Framework. When 
developing the Cybersecurity Framework, NIST produced a related roadmap 
that identified focus areas that still needed more research and 
understanding before they were mature enough for widespread adoption, 
but that could potentially inform future revisions of the Cybersecurity 
Framework. With respect to the Privacy Framework, NIST anticipates that 
a roadmap may be needed for similar reasons.
    As noted below, NIST solicits comments on the desired attributes of 
a Privacy Framework, as well as high-priority gaps in organizations' 
ability to manage privacy risk, as part of this RFI.

Goals of This Request for Information

    Based upon discussions that took place during the October 16, 2018 
workshop, this RFI seeks further information about the topics discussed 
by stakeholders, as elaborated in the sections below. The RFI invites 
stakeholders to submit ideas, based on their experience as well as 
their mission and business needs, to assist in prioritizing elements 
and development of the Privacy Framework. NIST invites industry, civil 
society groups, academic institutions, Federal agencies, state, local, 
territorial, tribal, and foreign governments, standard-setting 
organizations, and other interested stakeholders to respond.
    The goals of the Privacy Framework development process, generally, 
and this RFI, specifically, are:
    (i) To better understand common privacy challenges in the design, 
operation, and use of products and services that might be addressed 
through a voluntary Privacy Framework,
    (ii) to gain a greater awareness about the extent to which 
organizations are identifying and communicating privacy risk or have 
incorporated privacy risk management standards, guidelines, and best 
practices, into their policies and practices; and
    (iii) to specify high-priority gaps for which privacy guidelines, 
best practices, and new or revised standards are needed and that could 
be addressed by the Privacy Framework or a related roadmap.

Details About Responses to This Request for Information

    When addressing the topics below, commenters may address the 
practices of their organization or a group of organizations with which 
they are familiar. If desired, commenters may provide information about 
the type, size, and location of the organization(s). Provision of such 
information is optional and will not affect NIST's full consideration 
of the comment.
    Comments containing references, studies, research, and other 
empirical data that are not widely published (e.g., available on the 
internet) should include copies of or electronic links to the 
referenced materials. Beyond that, responses should not include 
additional information. Do not include in comments or otherwise submit 
information deemed to be proprietary, private, or in any way 
confidential, as all comments relevant to this RFI topic area that are 
received by the deadline will be made available publicly at http://www.nist.gov/privacyframework.

Request for Information

    The following list of topics covers the major areas about which 
NIST seeks information. The listed areas are not intended to limit the 
topics that may be addressed by respondents so long as they address 
privacy and how a useful Privacy Framework might be developed. 
Responses may include any topic believed to have implications for the 
development of the Privacy Framework, regardless of whether the topic 
is included in this document.

Risk Management

    NIST solicits information about how organizations assess risk; how 
privacy

[[Page 56826]]

considerations factor into that risk assessment; the current usage of 
existing privacy standards, frameworks, models, methodologies, tools, 
guidelines, and principles; and other risk management practices related 
to privacy. In addition, NIST is interested in understanding whether 
particular frameworks, standards, guidelines, and/or best practices are 
mandated by legal or regulatory requirements and the challenges 
organizations perceive in meeting such requirements. This will assist 
in achieving NIST's goal of developing a framework that includes and 
identifies common practices across contexts and environments and is 
structured to help organizations achieve positive privacy outcomes. 
Accordingly, NIST is requesting information related to the following 
topics:

Organizational Considerations

    1. The greatest challenges in improving organizations' privacy 
protections for individuals;
    2. The greatest challenges in developing a cross-sector standards-
based framework for privacy;
    3. How organizations define and assess risk generally, and privacy 
risk specifically;
    4. The extent to which privacy risk is incorporated into different 
organizations' overarching enterprise risk management;
    5. Current policies and procedures for managing privacy risk;
    6. How senior management communicates and oversees policies and 
procedures for managing privacy risk;
    7. Formal processes within organizations to address privacy risks 
that suddenly increase in severity;
    8. The minimum set of attributes desired for the Privacy Framework, 
as described in the Privacy Framework Development and Attributes 
section of this RFI, and whether any attributes should be added, 
removed or clarified;
    9. What an outcome-based approach to privacy would look like;
    10. What standards, frameworks, models, methodologies, tools, 
guidelines and best practices, and principles organizations are aware 
of or using to identify, assess, manage, and communicate privacy risk 
at the management, operational, and technical levels, and whether any 
of them currently meet the minimum attributes described above;
    11. How current regulatory or regulatory reporting requirements 
(e.g., local, state, national, international) relate to the use of 
standards, frameworks, models, methodologies, tools, guidelines and 
best practices, and principles;
    12. Any mandates to use specific standards, frameworks, models, 
methodologies, tools, guidelines and best practices, and principles or 
conflicts between requirements and desired practices;
    13. The role(s) national/international standards and organizations 
that develop national/international standards play or should play in 
providing confidence mechanisms for privacy standards, frameworks, 
models, methodologies, tools, guidelines, and principles;
    14. The international implications of a Privacy Framework on global 
business or in policymaking in other countries; and
    15. How the Privacy Framework could be developed to advance the 
recruitment, hiring, development, and retention of a knowledgeable and 
skilled workforce necessary to perform privacy functions within 
organizations.

Structuring the Privacy Framework

    NIST is interested in understanding how to structure the Privacy 
Framework to achieve the desired set of attributes and improve 
integration of privacy risk management processes with the 
organizational processes for developing products and services for 
better privacy outcomes. NIST is seeking any input from the public 
regarding options for structuring the Privacy Framework, and is 
particularly interested in receiving comment on the following issues, 
if applicable:
    16. Please describe how your organization currently manages privacy 
risk. For example, do you structure your program around the information 
life cycle (i.e., the different stages--from collection to disposal--
through which PII is processed), around principles such as the fair 
information practice principles (FIPPs), or by some other construct?
    17. Whether any aspects of the Cybersecurity Framework could be a 
model for this Privacy Framework, and what is the relationship between 
the two frameworks.
    18. Please describe your preferred organizational construct for the 
Privacy Framework. For example, would you like to see a Privacy 
Framework that is structured around:
    a. The information life cycle;
    b. Principles such as FIPPs;
    c. The NIST privacy engineering objectives of predictability, 
manageability, and disassociability \6\ or other objectives;
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    \6\ NISTIR 8062, An Introduction to Privacy Engineering and Risk 
Management in Federal Systems at https://csrc.nist.gov/publications/detail/nistir/8062/final.
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    d. Use cases or design patterns;
    e. A construct similar to the Cybersecurity Framework functions, 
categories, and subcategories; or
    f. Other organizing constructs?
    Please elaborate on the benefits or challenges of your preferred 
approach with respect to integration with organizational processes for 
managing enterprise risk and developing products or services. If you 
provided information about topic 10 above, please identify any 
supporting examples of standards, frameworks, models, methodologies, 
tools, guidelines and best practices, and principles.

Specific Privacy Practices

    In addition to the approaches above, NIST is interested in 
identifying core privacy practices that are broadly applicable across 
sectors and organizations. NIST is interested in information on the 
degree of adoption of the following practices regarding products and 
services:
     De-identification;
     Enabling users to have a reliable understanding about how 
information is being collected, stored, used, and shared;
     Enabling user preferences;
     Setting default privacy configurations;
     Use of cryptographic technology to achieve privacy 
outcomes--for example, the disassociability privacy engineering 
objective;
     Data management, including:
    [cir] Tracking permissions or other types of data tracking tools,
    [cir] Metadata,
    [cir] Machine readability,
    [cir] Data correction and deletion; and
     Usable design or requirements.
    19. Whether the practices listed above are widely used by 
organizations;
    20. Whether, in addition to the practices noted above, there are 
other practices that should be considered for inclusion in the Privacy 
Framework;
    21. How the practices listed above or other proposed practices 
relate to existing international standards and best practices;
    22. Which of these practices you see as being the most critical for 
protecting individuals' privacy;
    23. Whether some of these practices are inapplicable for particular 
sectors or environments;
    24. Which of these practices pose the most significant 
implementation challenge, and whether the challenges vary by technology 
or other factors such as size or workforce capability of the 
organization;

[[Page 56827]]

    25. Whether these practices are relevant for new technologies like 
the Internet of Things and artificial intelligence; and
    26. How standards or guidelines are utilized by organizations in 
implementing these practices.

    Authority:  15 U.S.C. 272(b), (c), & (e); 15 U.S.C. 278g-3.

Kevin A. Kimball,
Chief of Staff.
[FR Doc. 2018-24714 Filed 11-13-18; 8:45 am]
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     56824                    Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

     assessed at rates equal to the cash                     Framework: An Enterprise Risk                         on individuals’ privacy. Inside and
     deposit of estimated countervailing                     Management Tool (‘‘Privacy                            outside the U.S., there are multiple
     duties required at the time of entry, or                Framework’’), is intended for voluntary               visions for how to address these
     withdrawal from warehouse, for                          use and is envisioned to consist of                   concerns. Accordingly, the U.S.
     consumption, in accordance with 19                      outcomes and approaches that align                    Department of Commerce (DOC) is
     CFR 351.212(c)(1)(i). Commerce intends                  policy, business, technological, and                  developing a forward-thinking approach
     to issue appropriate assessment                         legal approaches to improve                           that supports both business innovation
     instructions directly to CBP 15 days                    organizations’ management of processes                and strong privacy protections. As part
     after the date of publication of this                   for incorporating privacy protections                 of this effort, NIST is developing a
     notice in the Federal Register.                         into products and services. This notice               voluntary Privacy Framework to help
                                                             requests information to help identify,                organizations: better identify, assess,
     Notification Regarding Administrative
                                                             understand, refine, and guide                         manage, and communicate privacy
     Protective Orders
                                                             development of the Privacy Framework.                 risks; foster the development of
       This notice serves as the only                        The Privacy Framework will be                         innovative approaches to protecting
     reminder to parties subject to                          developed through a consensus-driven,                 individuals’ privacy; and increase trust
     administrative protective order (APO) of                open, and collaborative process that will             in products and services.2 The Privacy
     their responsibility concerning the                     include workshops and other                           Framework is intended to be a tool that
     return or destruction of proprietary                    opportunities to provide input.                       would assist with enterprise risk
     information disclosed under APO in                      DATES: Comments in response to this                   management.
     accordance with 19 CFR 351.305(a)(3).                   notice must be received by 5:00 p.m.
     Timely written notification of the                                                                            Privacy Framework Development and
                                                             Eastern time on December 31, 2018.                    Attributes
     return/destruction of APO materials or
                                                             ADDRESSES: Written comments may be
     conversion to judicial protective order is                                                                       While good cybersecurity practices
                                                             submitted by mail to Katie MacFarland,                help manage privacy risk through the
     hereby requested. Failure to comply
                                                             National Institute of Standards and                   protection of personally identifiable
     with the regulations and terms of an
                                                             Technology, 100 Bureau Drive, Stop                    information (PII),3 privacy risks also can
     APO is a sanctionable violation.
                                                             2000, Gaithersburg, MD 20899.                         arise from how organizations collect,
       This notice is issued and published in
                                                             Electronic submissions may be sent to                 store, use, and share PII to meet their
     accordance with section 777(i)(1) of the
                                                             privacyframework@nist.gov, and may be                 mission or business objective, as well as
     Act and 19 CFR 351.213(d)(4).
                                                             in any of the following formats: HTML,                how individuals interact with products
       Dated: November 7, 2018.                              ASCII, Word, RTF, or PDF. Please cite
     James Maeder,
                                                                                                                   and services. NIST seeks to understand
                                                             ‘‘Developing a Privacy Framework’’ in                 whether organizations that design,
     Associate Deputy Assistant Secretary for                all correspondence. Comments received                 operate, or use these products and
     Antidumping and Countervailing Duty                     by the deadline will be posted at http://
     Operations performing the duties of Deputy                                                                    services would be better able to address
                                                             www.nist.gov/privacyframework                         the full scope of privacy risk with more
     Assistant Secretary for Antidumping and                 without change or redaction, so
     Countervailing Duty Operations.                                                                               tools to support better implementation
                                                             commenters should not include                         of privacy protections.
     [FR Doc. 2018–24791 Filed 11–13–18; 8:45 am]            information they do not wish to be                       NIST will develop the Privacy
     BILLING CODE 3510–DS–P                                  posted (e.g., personal or confidential                Framework in a manner consistent with
                                                             business information). Comments that                  its mission to promote U.S. innovation
                                                             contain profanity, vulgarity, threats, or             and industrial competitiveness, and is
     DEPARTMENT OF COMMERCE                                  other inappropriate language or content               seeking input from all interested
     National Institute of Standards and                     will not be posted or considered.                     stakeholders. NIST intends for the
     Technology                                              FOR FURTHER INFORMATION CONTACT: For                  Framework to provide a prioritized,
                                                             questions about this RFI contact: Naomi               flexible, risk-based, outcome-based, and
     [Docket Number 181101997–8997–01]                       Lefkovitz, U.S. Department of                         cost-effective approach that can be
     Developing a Privacy Framework                          Commerce, NIST, MS 2000, 100 Bureau                   compatible with existing legal and
                                                             Drive, Gaithersburg, MD 20899,                        regulatory regimes in order to be the
     AGENCY: National Institute of Standards                 telephone (301) 975–2924, email                       most useful to organizations and enable
     and Technology, U.S. Department of                      privacyframework@nist.gov. Please                     widespread adoption. NIST expects that
     Commerce.                                               direct media inquiries to NIST’s Public               the Privacy Framework development
     ACTION: Notice; request for information                 Affairs Office at (301) 975–NIST.                     process will involve several iterations to
     (RFI).                                                  SUPPLEMENTARY INFORMATION:
                                                                                                                      2 In parallel with this effort, the DOC’s National

     SUMMARY:   The National Institute of                    Genesis for the Privacy Framework’s                   Telecommunications and Information
     Standards and Technology (NIST) is                      Development                                           Administration is developing a set of privacy
                                                                                                                   principles in support of a domestic policy approach
     developing a framework that can be                        It is a challenge to design, operate, or            that advances consumer privacy protections while
     used to improve organizations’                          use technologies in ways that are                     protecting prosperity and innovation, in
     management of privacy risk for                          mindful of diverse privacy needs in an                coordination with DOC’s International Trade
     individuals arising from the collection,                                                                      Administration to ensure consistency with
                                                             increasingly connected and complex                    international policy objectives: https://
     storage, use, and sharing of their                      environment. Current and cutting-edge                 www.ntia.doc.gov/federal-register-notice/2018/
     information.1 The NIST Privacy                          technologies such as mobile devices,                  request-comments-developing-administration-s-
                                                             social media, the Internet of Things and              approach-consumer-privacy.
       1 While NIST requests information about how                                                                    3 For the purposes of this RFI, NIST is using the
                                                             artificial intelligence are giving rise to
     organizations define privacy risk in topic #3 below,                                                          definition from the Office of Management and
     for the purposes of this RFI, NIST references the       increased concerns about their impacts                Budget Circular A–130. PII is defined as
     privacy risk model set forth in NISTIR 8062, An                                                               ‘‘information that can be used to distinguish or
     Introduction to Privacy Engineering and Risk            which analyzes the problems that individuals might    trace an individual’s identity, either alone or when
     Management in Federal Systems at https://               experience as a result of the processing of their     combined with other information that is linked or
     csrc.nist.gov/publications/detail/nistir/8062/final,    information, and the impact if they were to occur.    linkable to a specific individual.’’



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                             Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices                                            56825

     allow for continuing engagement with                    manage privacy risks within their                     organizations, and other interested
     interested stakeholders. This will                      diverse environments without                          stakeholders to respond.
     include interactive workshops, along                    prescribing the methods for managing                     The goals of the Privacy Framework
     with other forms of outreach.                           privacy risk.                                         development process, generally, and
        On October 16, 2018, NIST held its                      5. Readily usable as part of any                   this RFI, specifically, are:
     first workshop in Austin, Texas to                      enterprise’s broader risk management                     (i) To better understand common
     launch the framework development                        strategy and processes. The Privacy                   privacy challenges in the design,
     process.4 NIST heard from panelists                     Framework should be consistent with,                  operation, and use of products and
     from industry, civil society and                        or reinforce, other risk management                   services that might be addressed
     academia, as well as audience                           efforts within the enterprise,                        through a voluntary Privacy Framework,
     participants about the needs the Privacy                recognizing that privacy is one of                       (ii) to gain a greater awareness about
     Framework should address and some                       several major areas of risk that an                   the extent to which organizations are
     key desired characteristics. As a                       organization needs to manage.                         identifying and communicating privacy
     consequence, NIST believes that in                         6. Compatible with or may be paired                risk or have incorporated privacy risk
     order to be effective, the Privacy                      with other privacy approaches. The                    management standards, guidelines, and
     Framework should have the following                     Privacy Framework should take                         best practices, into their policies and
     minimum attributes:                                     advantage of existing privacy standards,              practices; and
        1. Consensus-driven and developed                    methodologies, and guidance. It should                   (iii) to specify high-priority gaps for
     and updated through an open,                            be compatible with and support                        which privacy guidelines, best
     transparent process. All stakeholders                   organizations’ ability to operate under               practices, and new or revised standards
     should have the opportunity to                          applicable domestic and international                 are needed and that could be addressed
     contribute to the Privacy Framework’s                   legal or regulatory regimes.                          by the Privacy Framework or a related
     development. NIST has a long track                         7. A living document. The Privacy                  roadmap.
     record of successfully and                              Framework should be updated as                        Details About Responses to This
     collaboratively working with                            technology and approaches to privacy                  Request for Information
     stakeholders to develop guidelines and                  protection change and as stakeholders
     standards. NIST will model the                                                                                   When addressing the topics below,
                                                             learn from implementation.                            commenters may address the practices
     approach for the Privacy Framework on                      Although the goal of the Privacy
     the successful, open, transparent, and                                                                        of their organization or a group of
                                                             Framework is to help organizations                    organizations with which they are
     collaborative approach used to develop                  better identify, assess, manage, and
     the Framework for Improving Critical                                                                          familiar. If desired, commenters may
                                                             communicate privacy risks, NIST                       provide information about the type,
     Infrastructure Cybersecurity                            expects there may be aspects of privacy
     (‘‘Cybersecurity Framework’’).5                                                                               size, and location of the organization(s).
                                                             practices that are not sufficiently                   Provision of such information is
        2. Common and accessible language.                   developed for inclusion in the Privacy
     The Privacy Framework should be                                                                               optional and will not affect NIST’s full
                                                             Framework. When developing the                        consideration of the comment.
     understandable by a broad audience,                     Cybersecurity Framework, NIST
     including senior executives and those                                                                            Comments containing references,
                                                             produced a related roadmap that                       studies, research, and other empirical
     who are not privacy professionals. The                  identified focus areas that still needed
     Privacy Framework can then facilitate                                                                         data that are not widely published (e.g.,
                                                             more research and understanding before                available on the internet) should
     communications among various                            they were mature enough for
     stakeholders by promoting use of this                                                                         include copies of or electronic links to
                                                             widespread adoption, but that could                   the referenced materials. Beyond that,
     common language.                                        potentially inform future revisions of
        3. Adaptable to many different                                                                             responses should not include additional
                                                             the Cybersecurity Framework. With                     information. Do not include in
     organizations, technologies, lifecycle                  respect to the Privacy Framework, NIST
     phases, sectors, and uses. The Privacy                                                                        comments or otherwise submit
                                                             anticipates that a roadmap may be                     information deemed to be proprietary,
     Framework should be scalable to                         needed for similar reasons.
     organizations of all sizes, public or                                                                         private, or in any way confidential, as
                                                                As noted below, NIST solicits                      all comments relevant to this RFI topic
     private, in any sector, and operating                   comments on the desired attributes of a
     within or across domestic borders. It                                                                         area that are received by the deadline
                                                             Privacy Framework, as well as high-                   will be made available publicly at
     should be platform- and technology-                     priority gaps in organizations’ ability to
     agnostic and customizable.                                                                                    http://www.nist.gov/privacyframework.
                                                             manage privacy risk, as part of this RFI.
        4. Risk-based, outcome-based,                                                                              Request for Information
     voluntary, and non-prescriptive. The                    Goals of This Request for Information
     Privacy Framework should provide a                                                                              The following list of topics covers the
                                                               Based upon discussions that took                    major areas about which NIST seeks
     catalog of privacy outcomes and                         place during the October 16, 2018
     approaches to be used voluntarily,                                                                            information. The listed areas are not
                                                             workshop, this RFI seeks further                      intended to limit the topics that may be
     rather than a set of one-size-fits-all                  information about the topics discussed
     requirements, in order to: Foster                                                                             addressed by respondents so long as
                                                             by stakeholders, as elaborated in the                 they address privacy and how a useful
     innovation in products and services;                    sections below. The RFI invites
     inform education and workforce                                                                                Privacy Framework might be developed.
                                                             stakeholders to submit ideas, based on                Responses may include any topic
     development; and promote research on                    their experience as well as their mission
     and adoption of effective privacy                                                                             believed to have implications for the
                                                             and business needs, to assist in                      development of the Privacy Framework,
     solutions. The Privacy Framework                        prioritizing elements and development
     should assist organizations to better                                                                         regardless of whether the topic is
                                                             of the Privacy Framework. NIST invites                included in this document.
       4 https://www.nist.gov/news-events/events/2018/
                                                             industry, civil society groups, academic
                                                             institutions, Federal agencies, state,                Risk Management
     10/kicking-nist-privacy-framework-workshop-1.
       5 https://www.nist.gov/cyberframework/                local, territorial, tribal, and foreign                 NIST solicits information about how
     framework.                                              governments, standard-setting                         organizations assess risk; how privacy


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     56826                   Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

     considerations factor into that risk                    tools, guidelines and best practices, and                d. Use cases or design patterns;
     assessment; the current usage of existing               principles;                                              e. A construct similar to the
     privacy standards, frameworks, models,                    12. Any mandates to use specific                    Cybersecurity Framework functions,
     methodologies, tools, guidelines, and                   standards, frameworks, models,                        categories, and subcategories; or
     principles; and other risk management                   methodologies, tools, guidelines and                     f. Other organizing constructs?
     practices related to privacy. In addition,              best practices, and principles or                        Please elaborate on the benefits or
     NIST is interested in understanding                     conflicts between requirements and                    challenges of your preferred approach
     whether particular frameworks,                          desired practices;                                    with respect to integration with
     standards, guidelines, and/or best                        13. The role(s) national/international              organizational processes for managing
     practices are mandated by legal or                      standards and organizations that                      enterprise risk and developing products
     regulatory requirements and the                         develop national/international                        or services. If you provided information
     challenges organizations perceive in                    standards play or should play in                      about topic 10 above, please identify
     meeting such requirements. This will                    providing confidence mechanisms for                   any supporting examples of standards,
     assist in achieving NIST’s goal of                      privacy standards, frameworks, models,                frameworks, models, methodologies,
     developing a framework that includes                    methodologies, tools, guidelines, and                 tools, guidelines and best practices, and
     and identifies common practices across                  principles;                                           principles.
     contexts and environments and is                          14. The international implications of
                                                             a Privacy Framework on global business                Specific Privacy Practices
     structured to help organizations achieve
     positive privacy outcomes. Accordingly,                 or in policymaking in other countries;                  In addition to the approaches above,
     NIST is requesting information related                  and                                                   NIST is interested in identifying core
                                                               15. How the Privacy Framework could                 privacy practices that are broadly
     to the following topics:
                                                             be developed to advance the                           applicable across sectors and
     Organizational Considerations                           recruitment, hiring, development, and                 organizations. NIST is interested in
        1. The greatest challenges in                        retention of a knowledgeable and skilled              information on the degree of adoption of
                                                             workforce necessary to perform privacy                the following practices regarding
     improving organizations’ privacy
                                                             functions within organizations.                       products and services:
     protections for individuals;
        2. The greatest challenges in                        Structuring the Privacy Framework                       • De-identification;
                                                                                                                     • Enabling users to have a reliable
     developing a cross-sector standards-                       NIST is interested in understanding                understanding about how information is
     based framework for privacy;                            how to structure the Privacy Framework                being collected, stored, used, and
        3. How organizations define and                      to achieve the desired set of attributes              shared;
     assess risk generally, and privacy risk                 and improve integration of privacy risk                 • Enabling user preferences;
     specifically;                                           management processes with the                           • Setting default privacy
        4. The extent to which privacy risk is               organizational processes for developing               configurations;
     incorporated into different                             products and services for better privacy                • Use of cryptographic technology to
     organizations’ overarching enterprise                   outcomes. NIST is seeking any input                   achieve privacy outcomes—for example,
     risk management;                                        from the public regarding options for                 the disassociability privacy engineering
        5. Current policies and procedures for               structuring the Privacy Framework, and                objective;
     managing privacy risk;                                  is particularly interested in receiving                 • Data management, including:
        6. How senior management                             comment on the following issues, if                     Æ Tracking permissions or other types
     communicates and oversees policies                      applicable:                                           of data tracking tools,
     and procedures for managing privacy                        16. Please describe how your                         Æ Metadata,
     risk;                                                   organization currently manages privacy                  Æ Machine readability,
        7. Formal processes within                           risk. For example, do you structure your                Æ Data correction and deletion; and
     organizations to address privacy risks                  program around the information life                     • Usable design or requirements.
     that suddenly increase in severity;                     cycle (i.e., the different stages—from                  19. Whether the practices listed above
        8. The minimum set of attributes                     collection to disposal—through which                  are widely used by organizations;
     desired for the Privacy Framework, as                   PII is processed), around principles                    20. Whether, in addition to the
     described in the Privacy Framework                      such as the fair information practice                 practices noted above, there are other
     Development and Attributes section of                   principles (FIPPs), or by some other                  practices that should be considered for
     this RFI, and whether any attributes                    construct?                                            inclusion in the Privacy Framework;
                                                                17. Whether any aspects of the                       21. How the practices listed above or
     should be added, removed or clarified;
                                                             Cybersecurity Framework could be a                    other proposed practices relate to
        9. What an outcome-based approach
                                                             model for this Privacy Framework, and                 existing international standards and best
     to privacy would look like;
                                                             what is the relationship between the                  practices;
        10. What standards, frameworks,                                                                              22. Which of these practices you see
     models, methodologies, tools,                           two frameworks.
                                                                18. Please describe your preferred                 as being the most critical for protecting
     guidelines and best practices, and                                                                            individuals’ privacy;
     principles organizations are aware of or                organizational construct for the Privacy
                                                             Framework. For example, would you                       23. Whether some of these practices
     using to identify, assess, manage, and                                                                        are inapplicable for particular sectors or
     communicate privacy risk at the                         like to see a Privacy Framework that is
                                                             structured around:                                    environments;
     management, operational, and technical                                                                          24. Which of these practices pose the
                                                                a. The information life cycle;
     levels, and whether any of them                            b. Principles such as FIPPs;                       most significant implementation
     currently meet the minimum attributes                      c. The NIST privacy engineering                    challenge, and whether the challenges
     described above;                                        objectives of predictability,                         vary by technology or other factors such
        11. How current regulatory or                        manageability, and disassociability 6 or              as size or workforce capability of the
     regulatory reporting requirements (e.g.,                other objectives;                                     organization;
     local, state, national, international)
     relate to the use of standards,                           6 NISTIR 8062, An Introduction to Privacy           Systems at https://csrc.nist.gov/publications/detail/
     frameworks, models, methodologies,                      Engineering and Risk Management in Federal            nistir/8062/final.



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                              Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices                                                56827

       25. Whether these practices are                       20899–2100. Electronic comments may                   record and subject to public disclosure.
     relevant for new technologies like the                  be submitted to david.alderman@                       NIST reserves the right to publish
     Internet of Things and artificial                       nist.gov.                                             comments publicly, unedited and in
     intelligence; and                                       FOR FURTHER INFORMATION CONTACT:                      their entirety. Sensitive personal
       26. How standards or guidelines are                   David F. Alderman, Standards                          information, such as account numbers
     utilized by organizations in                            Coordination Office, National Institute               or Social Security numbers, or names of
     implementing these practices.                           of Standards and Technology, telephone                other individuals, should not be
       Authority: 15 U.S.C. 272(b), (c), & (e); 15           (301) 975–4019; fax: (301) 975–4715,                  included. Submissions will not be
     U.S.C. 278g–3.                                          email: david.alderman@nist.gov.                       edited to remove any identifying or
                                                                                                                   contact information. Do not submit
     Kevin A. Kimball,                                       SUPPLEMENTARY INFORMATION: The
                                                                                                                   confidential business information, or
     Chief of Staff.                                         proposed revision of the standard has                 otherwise sensitive or protected
     [FR Doc. 2018–24714 Filed 11–13–18; 8:45 am]
                                                             been developed and is being processed                 information. Comments that contain
                                                             in accordance with Department of                      profanity, vulgarity, threats, or other
     BILLING CODE 3510–13–P
                                                             Commerce provisions in 15 CFR part 10,                inappropriate language or content will
                                                             Procedures for the Development of                     not be considered.
     DEPARTMENT OF COMMERCE                                  Voluntary Product Standards, as                         Written comments should be
                                                             amended (published June 20, 1986). The                submitted in accordance with the DATES
     National Institute of Standards and                     Standing Committee for PS 2 is                        and ADDRESSES sections of this notice.
     Technology                                              responsible for maintaining, revising,                The Standing Committee for PS 2 and
                                                             and interpreting the standard, and is                 NIST will consider all responsive
     Proposed Voluntary Product Standard                     comprised of producers, distributors,                 comments received and may revise the
     2–10, Performance Standard for Wood-                    users, and others with an interest in the             standard accordingly.
     Based Structural-Use Panels                             standard. Committee members voted on
                                                             the revision, which was approved                        Authority: 15 U.S.C. 272.
     AGENCY: National Institute of Standards
                                                             unanimously. The Committee then                       Kevin A. Kimball,
     and Technology (NIST), Commerce.
                                                             submitted a report to NIST along with                 Chief of Staff.
     ACTION: Notice and request for                          the voting results and the draft revised              [FR Doc. 2018–24713 Filed 11–13–18; 8:45 am]
     comments.                                               standard. NIST has determined that the                BILLING CODE 3510–13–P
     SUMMARY:   The National Institute of                    revised standard should be issued for
     Standards and Technology (NIST) is                      public comment.
                                                                Voluntary Product Standard PS 2–10
     soliciting public comment on a                                                                                COMMODITY FUTURES TRADING
                                                             establishes structural criteria for
     proposed revision to Voluntary Product                                                                        COMMISSION
                                                             assessing the acceptability of wood-
     Standard (PS) 2–10, Performance
                                                             based structural-use panels for                       Agency Information Collection
     Standard for Wood-Based Structural-
                                                             construction sheathing and single-floor               Activities: Notice of Intent To Renew
     Use Panels. The standard, prepared by
                                                             application and provides a basis for                  Collection 3038–0043, Rules Relating
     the Standing Committee for PS 2,
                                                             common understanding among the                        To Review of National Futures
     establishes requirements for those who
                                                             producers, distributors, and the users of             Association Decisions in Disciplinary,
     choose to adhere to the standard, for the
                                                             these products. After conducting a                    Membership Denial, Registration, and
     structural criteria to assess the
                                                             review of the current standard, PS 2–10,              Member Responsibility Actions
     acceptability of wood-based structural-
                                                             the Standing Committee for PS 2
     use panels for construction sheathing                                                                         AGENCY: Commodity Futures Trading
                                                             determined that updates were needed to
     and single-floor applications. It also                                                                        Commission.
                                                             reflect current industry practices and
     provides a basis for common
                                                             developed the proposed revision to the                ACTION: Notice.
     understanding among the producers,
                                                             standard through meetings to review the
     distributors, and the users of these                                                                          SUMMARY:    The Commodity Futures
                                                             standard and propose needed changes.
     products. Interested parties are invited                                                                      Trading Commission (‘‘CFTC’’) is
                                                                The proposed revision includes the
     to review the proposed standard and                                                                           announcing an opportunity for public
                                                             following changes: Change of title,
     submit comments to NIST.                                                                                      comment on the renewal of a collection
                                                             editorial corrections, new and revised
     DATES: Written comments regarding the                   definitions, updated references, and                  of certain information by the agency.
     proposed revision to PS 2–10 should be                  changes to Section 5 Requirements. A                  Under the Paperwork Reduction Act
     submitted to the Standards Services                     complete list of proposed changes can                 (‘‘PRA’’), Federal agencies are required
     Division, NIST, no later than December                  be found at https://www.nist.gov/                     to publish notice in the Federal Register
     14, 2018.                                               standardsgov/voluntary-product-                       concerning each proposed collection of
     ADDRESSES: An electronic copy (an                       standards-program. All public                         information, including each proposed
     Adobe Acrobat File) of the proposed                     comments will be reviewed and                         extension of an existing collection of
     revision to the standard, PS 2–10, can be               considered.                                           information, and to allow 60 days for
     obtained at the following website:                         Attachments will be accepted in plain              public comment. This notice solicits
     https://www.nist.gov/standardsgov/                      text, Microsoft Word, or Adobe PDF                    comments on rules relating to review of
     voluntary-product-standards-program.                    formats. Comments containing                          National Futures Association decisions
     This site also includes an electronic                   references, studies, research, and other              in disciplinary, membership denial,
     copy of PS 2–10 (the existing standard)                 empirical data that are not widely                    registration, and member responsibility
     and a summary of the significant                        published should include copies or                    actions.
     changes. Written comments on the                        electronic links of the referenced                    DATES: Comments must be submitted on
     proposed revision should be submitted                   materials.                                            or before January 14, 2019.
     to David F. Alderman, Standards                            All submissions, including                         ADDRESSES: You may submit comments,
     Coordination Office, NIST, 100 Bureau                   attachments and other supporting                      identified by ‘‘OMB Control No. 3038–
     Drive, Stop 2100, Gaithersburg, MD                      materials, will become part of the public             0043’’ by any of the following methods:


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Document Created: 2018-11-14 03:32:05
Document Modified: 2018-11-14 03:32:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for information (RFI).
DatesComments in response to this notice must be received by 5:00
ContactFor questions about this RFI contact: Naomi Lefkovitz, U.S. Department of Commerce, NIST, MS 2000, 100 Bureau Drive, Gaithersburg, MD 20899, telephone (301) 975-2924, email [email protected] Please direct media inquiries to NIST's Public Affairs Office at (301) 975-NIST.
FR Citation83 FR 56824 

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