[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Notices]
[Pages 47185-47186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19707]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Extension

AGENCY: Federal Trade Commission (``Commission'' or ``FTC'').

ACTION: Notice and request for comment.

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SUMMARY: The information collection requirements described below will 
be submitted to the Office of Management and Budget (``OMB'') for 
review, as required by the Paperwork Reduction Act (``PRA''). The FTC 
is seeking public comments on its proposal to extend through October 
31, 2014, the current PRA clearance for information collection 
requirements contained in the Commission's Gramm-Leach-Bliley Financial 
Privacy Rule (``GLB Privacy Rule'' or ``Rule''). The current clearance 
expires on October 31, 2011.

DATES: Comments must be submitted on or before September 6, 2011.

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: ``FTC File No. 
P085405'' on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/glbprivacyrulepra2 by following the 
instructions on the web-based form. If you prefer to file your comment 
on paper, mail or deliver your comment to the following address: 
Federal Trade Commission, Office of the Secretary, Room H-113 (Annex 
J), 600 Pennsylvania Avenue, NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Requests for copies of the collection 
of information and supporting documentation should be addressed to 
Katherine White, Attorney, Division of Privacy and Identity Protection, 
Bureau of Consumer Protection, Federal Trade Commission, 600 
Pennsylvania Avenue, NW., Washington, DC 20580, (202) 326-2252.

SUPPLEMENTARY INFORMATION: 
    Title: Gramm-Leach-Bliley Privacy Rule, 16 CFR Part 313.
    OMB Control Number: 3084-0121.
    Type of Review: Extension of currently approved collection.
    Abstract: The GLB Privacy Rule is designed to ensure that customers 
and consumers, subject to certain exceptions, will have access to the 
privacy policies of the financial institutions with which they conduct 
business. As mandated by the Gramm-Leach-Bliley Act (``GLBA''), 15 
U.S.C. 6801-6809, the Rule requires financial institutions to disclose 
to consumers: (1) Initial notice of the financial institution's privacy 
policy when establishing a customer relationship with a consumer and/or 
before sharing a consumer's non-public personal information with 
certain nonaffiliated third parties; (2) notice of the consumer's right 
to opt out of information sharing with such parties; (3) annual notice 
of the institution's privacy policy to any continuing customer; and (4) 
notice of changes in the institution's practices on information 
sharing.
    On May 12, 2011, the Commission sought comment on the information 
collection requirements associated with the GLB Privacy Rule. 76 FR 
27645. No comments were received. Pursuant to the OMB Regulations, 5 
CFR Part 1320, that implements the PRA, 44 U.S.C. 3501 et seq., the FTC 
is providing a second opportunity for the public to comment while 
seeking OMB approval to renew the pre-existing clearance for the Rule.
    Estimated Annual Burden: 1,930,000 hours.
    Likely Respondents, Estimated Number of Respondents, Estimated 
Average Burden Per Year Per Respondent:
    (a) Entities addressing the GLB Privacy Rule for the first time--
(1) 5,000 entities at 20 hours each to review internal policies and 
develop GLBA-implementing instructions, create and disseminate 
disclosures; (2) 5,000 entities at 3 hours each to create disclosure 
disclosures; and (3) 5,000 entities at 25 hours each to disseminate 
initial disclosures (including opt out notices).\1\
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    \1\ The FTC retains its previously cleared estimate of the 
number of entities each year that will address the GLB Privacy Rule 
for the first time.
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    (b) Established entities--(1) 70,000 entities at 4 hours each to 
review GLBA implementing policies and practices; (2) 70,000 entities at 
20 hours each to disseminate annual disclosure; (3) 1,000 entities at 
10 hours each to change privacy policies and related disclosures.\2\
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    \2\ The FTC retains its prior assumptions to arrive at estimated 
burden for established entities: (1) 100,000 respondents, 
approximately 70% of whom maintain customer relationships exceeding 
one year, (2) no more than 1% (1,000) of whom make additional 
changes to privacy policies at any time other than the occasion of 
the annual notice; and (3) such changes will occur no more often 
than once per year.
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    Frequency of Response: On occasion.
    Financial institutions must provide notices to consumers: (1) When 
initially establishing a customer relationship and/or before sharing a 
consumer's non-public personal information with certain nonaffiliated 
third parties; (2) on an annual basis; and (3) upon any changes in the 
institution's practices on information sharing.
    Total Annual Labor Cost: $46,473,780.\3\
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    \3\ This is an increase from the previously published estimate 
of $45,922,820 (see 76 FR at 27646-7 for details and calculations 
underlying the preceding total) based on newer BLS data used for 
hourly wage inputs.
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    Total Annual Capital or Other Non-Labor Cost: Minimal.
    Request for Comment: You can file a comment online or on paper. For 
the Commission to consider your comment, we must receive it on or 
before September 6, 2011. Write ``Paperwork Comment: FTC File No. 
P085405'' 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 Web 
site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of 
discretion, the Commission tries to remove individuals' home contact 
information from comments before placing them on the Commission Web 
site.
    Because your comment will be made public, you are solely 
responsible for making sure that your comment doesn't include any 
sensitive personal information, like anyone'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

[[Page 47186]]

doesn't include any sensitive health information, like medical records 
or other individually identifiable health information. In addition, 
don't include any ``[tirade secret or any commercial or financial 
information which is obtained from any person and which is privileged 
or confidential,'' as provided in 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). In 
particular, don't include competitively sensitive information such as 
costs, sales statistics, inventories, formulas, patterns, devices, 
manufacturing processes, or customer names.
    If you want the Commission to give your comment confidential 
treatment, you must file it in paper form, with a request for 
confidential treatment, and you have to follow the procedure explained 
in FTC Rule 4.9(c), 16 CFR 4.9(c).\4\ Your comment will be kept 
confidential only if the FTC General Counsel, in his or her sole 
discretion, grants your request in accordance with the law and the 
public interest.
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    \4\ 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), 16 CFR 4.9(c).
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    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/glbprivacyrulepra2, 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 Web site.
    If you file your comment on paper, write ``Paperwork Comment: FTC 
File No. P085405'' on your comment and on the envelope, and mail or 
deliver it to the following address: Federal Trade Commission, Office 
of the Secretary, Room H-113 (Annex J), 600 Pennsylvania Avenue, NW., 
Washington, DC 20580. If possible, submit your paper comment to the 
Commission by courier or overnight service.
    Visit the Commission Web site 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 September 6, 2011. You can find more 
information, including routine uses permitted by the Privacy Act, in 
the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.
    Comments on the information collection requirements subject to 
review under the PRA should additionally be submitted to OMB. If sent 
by U.S. mail, they should be addressed to Office of Information and 
Regulatory Affairs, Office of Management and Budget, Attention: Desk 
Officer for the Federal Trade Commission, New Executive Office 
Building, Docket Library, Room 10102, 725 17th Street, NW., Washington, 
DC 20503. Comments sent to OMB by U.S. postal mail, however, are 
subject to delays due to heightened security precautions. Thus, 
comments instead should be sent by facsimile to (202) 395-5167.

David C. Shonka,
Acting General Counsel.
[FR Doc. 2011-19707 Filed 8-3-11; 8:45 am]
BILLING CODE 6750-01-M