[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Notices]
[Pages 19062-19065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06647]


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DEPARTMENT OF COMMERCE

International Trade Administration


Agency Information Collection Activities; Submission to the 
Office of Management and Budget (OMB) for Review and Approval; Comment 
Request; Applications for Inclusion on the Lists of Arbitrators Under 
the Data Privacy Framework Program

AGENCY: International Trade Administration, Department of Commerce.

ACTION: Notice of information collection, request for comment.

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SUMMARY: The Department of Commerce, in accordance with the Paperwork 
Reduction Act of 1995 (PRA), invites the general public and other 
Federal agencies to comment on proposed, and continuing information 
collections, which helps us assess the impact of our information 
collection requirements and minimize the public's reporting burden. The 
purpose of this notice is to allow for 60 days of public comment 
preceding submission of the collection to OMB.

DATES: To ensure consideration, comments regarding this proposed 
information collection must be received on or before May 30, 2023.

ADDRESSES: Interested persons are invited to submit written comments to 
Leo Kim, ITA Paperwork Clearance Officer, International Trade 
Administration, Department of Commerce, Room 23016RA, 14th and 
Constitution Avenue NW, Washington, DC 20230 (or via the internet at 
[email protected]). Do not submit Confidential Business Information or 
otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
specific questions related to collection activities should be directed 
to David Ritchie, Senior Policy Advisor, International Trade 
Administration, Department of Commerce via email at 
[email protected], or by telephone at 202-482-1512.

SUPPLEMENTARY INFORMATION:

I. Abstract

    The United States, the European Union (EU), the United Kingdom 
(UK), and Switzerland share a commitment to enhancing privacy 
protection, the rule of law, and a recognition of the importance of 
transatlantic data flows to our respective citizens, economies, and 
societies, but take different approaches to doing so. Given those 
differences, the Department of Commerce (DOC)

[[Page 19063]]

developed the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK 
Extension to the EU-U.S. Data Privacy Framework (UK Extension to the 
EU-U.S. DPF), and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. 
DPF) in consultation with the European Commission, the UK Government, 
the Swiss Federal Administration, industry, and other stakeholders. 
These arrangements were respectively developed to provide U.S. 
organizations reliable mechanisms for personal data transfers to the 
United States from the European Union, the United Kingdom, and 
Switzerland while ensuring data protection that is consistent with EU, 
UK, and Swiss law.
    The DOC is issuing the EU-U.S. DPF Principles and the Swiss-U.S. 
DPF Principles, including the respective sets of Supplemental 
Principles (collectively the Principles) and Annex I of the Principles, 
as well as the UK Extension to the EU-U.S. DPF under its statutory 
authority to foster, promote, and develop international commerce (15 
U.S.C. 1512). The International Trade Administration (ITA) will 
administer and supervise the Data Privacy Framework program, including 
maintaining and making publicly available the Data Privacy Framework 
List, an authoritative list of U.S. organizations that have self-
certified to the DOC and declared their commitment to adhere to the 
Principles pursuant to the EU-U.S. DPF and, as applicable, the UK 
Extension to the EU-U.S. DPF, and/or the Swiss-U.S. DPF. While the 
decision by an organization to self-certify its compliance pursuant to 
the EU-U.S. DPF and, as applicable the UK Extension to the EU-U.S. DPF, 
and/or the Swiss-U.S. DPF and by extension participate in the Data 
Privacy Framework program is voluntary; effective compliance is 
compulsory: organizations that self-certify to the DOC and publicly 
declare their commitment to adhere to the Principles must comply fully 
with the Principles. Such commitments to comply with the Principles are 
legally enforceable under U.S. law. On the basis of the Principles, 
Executive Order 14086, 28 CFR part 201, and accompanying letters and 
materials, including ITA's commitments regarding the administration and 
supervision of the Data Privacy Framework program, it is the DOC's 
expectation that the European Commission, the UK Government, and the 
Swiss Federal Administration will respectively recognize the adequacy 
of the protection provided by the EU-U.S. DPF, the UK Extension to the 
EU-U.S. DPF, and the Swiss-U.S. DPF thereby enabling personal data 
transfers from each respective jurisdiction to U.S. organizations 
participating in the relevant part of the Data Privacy Framework 
program. The EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the 
Swiss-U.S. DPF will not enter into effect until they have respectively 
received such recognition (i.e., until such formal recognition enters 
into effect).
    As respectively described in Annex I of the EU-U.S. DPF Principles, 
the UK Extension to the EU-U.S. DPF, and Annex I of the Swiss-U.S. DPF 
Principles the DOC commits separately with the European Commission, the 
UK Government, and the Swiss Federal Administration to implement an 
arbitration mechanism to provide EU, UK, and Swiss individuals with the 
ability under certain circumstances to invoke binding arbitration to 
determine, for residual claims, whether an organization has violated 
its obligations under the Principles as to those individuals. 
Organizations that self-certify their compliance pursuant to the EU-
U.S. DPF, including those that also elect to participate in the UK 
Extension to the EU-U.S. DPF are obligated to arbitrate claims and 
follow the terms as set forth in Annex I of the EU-U.S. DPF Principles, 
provided that an EU or UK (as applicable) individual has invoked 
binding arbitration by delivering notice to the organization at issue 
and following the procedures and subject to the conditions set forth in 
Annex I of the EU-U.S. DPF Principles. Organizations that self-certify 
their compliance pursuant to the Swiss-U.S. DPF are obligated to 
arbitrate claims and follow the terms as set forth in Annex I of the 
Swiss-U.S. DPF Principles, provided that a Swiss individual has invoked 
binding arbitration by delivering notice to the organization at issue 
and following the procedures and subject to the conditions set forth in 
Annex I of the Swiss-U.S. DPF Principles. An individual's decision to 
invoke this binding arbitration option is entirely voluntary. Arbitral 
decisions will be binding on all parties to the arbitration. Under this 
binding arbitration option, a panel (consisting of one or three 
arbitrators, as agreed by the parties) has the authority to impose 
individual-specific, non-monetary equitable relief (such as access, 
correction, deletion, or return of the individual's data in question) 
necessary to remedy the violation of the Principles only with respect 
to the individual. No damages, costs, fees, or other remedies are 
available. The parties will select the arbitrators from the list(s) of 
arbitrators described below.
    Pursuant to the EU-U.S. DPF and the UK Extension to the EU-U.S. 
DPF, the DOC and the European Commission will develop and seek to 
maintain a list of at least 10 arbitrators. The parties, including the 
EU or UK individual who has invoked binding arbitration, will select 
arbitrators for the arbitration panel from that list of arbitrators 
developed under the EU-U.S. DPF (EU-U.S. DPF List of Arbitrators). To 
be eligible for inclusion on the EU-U.S. DPF List of Arbitrators, 
applicants must be admitted to practice law in the United States and be 
experts in U.S. privacy law, with expertise in EU data protection law; 
and shall not be subject to any instructions from, or be affiliated 
with, either party, or any participating organization, or the United 
States, European Union, or any EU Member State or any other 
governmental authority, public authority, or enforcement authority. 
Arbitrators will remain on the EU-U.S. DPF List of Arbitrators for a 
period of 3 years, absent exceptional circumstances or removal for 
cause, renewable by the DOC, with prior notification to the European 
Commission for additional 3-year terms.
    Pursuant to the Swiss-U.S. DPF the DOC and the Swiss Federal 
Administration will develop and seek to maintain a list of up to five 
arbitrators to supplement the list of arbitrators developed under the 
EU-U.S. DPF. The parties, including the Swiss individual who has 
invoked binding arbitration, will select arbitrators for the 
arbitration panel from the list of arbitrators developed under the EU-
U.S. DPF, as supplemented by the list of arbitrators developed under 
the Swiss-U.S. DPF (Swiss-U.S. DPF Supplemental List of Arbitrators). 
To be eligible for inclusion on the Swiss-U.S. DPF Supplemental List of 
Arbitrators, applicants must be admitted to practice law in the United 
States and be experts in U.S. privacy law, with expertise in European 
or Swiss data protection law; and shall not be subject to any 
instructions from, or be affiliated with, either party, or any 
participating organization, or the United States, Switzerland, European 
Union, or any EU Member State or any other governmental authority, 
public authority, or enforcement authority. Arbitrators will remain on 
the Swiss-U.S. DPF Supplemental List of Arbitrators for a period of 3 
years, absent exceptional circumstances or removal for cause, renewable 
by the DOC, with prior notification to the Swiss Federal Administration 
for additional 3-year terms.

[[Page 19064]]

    To be considered for inclusion on the EU-U.S. DPF List of 
Arbitrators or the Swiss-U.S. DPF Supplemental List of Arbitrators, 
eligible individuals will be respectively evaluated by the DOC and the 
European Commission and the DOC and the Swiss Federal Administration on 
the basis of independence, integrity, and expertise:

Independence:
--Freedom from bias and prejudice.
Integrity:
--Held in the highest regard by peers for integrity, fairness, and good 
judgment.
--Demonstrates high ethical standards and commitment necessary to be an 
arbitrator.
Expertise:
--Required expertise:
    --Admission to practice law in the United States.
    --Level of demonstrated expertise in U.S. privacy law and EU and/or 
Swiss data protection law (as applicable).
--Other expertise that may be considered includes any of the following:
    --Relevant educational degrees and professional licenses.
    --Relevant professional or academic experience or legal practice.
    --Relevant training or experience in arbitration or other forms of 
dispute resolution.

    The DOC has agreed with the European Commission to the adoption of 
arbitration rules that govern arbitration proceedings and a code of 
conduct for arbitrators under the EU-U.S. DPF (and similarly agreed 
with the UK Government as relates to arbitration proceedings under the 
UK Extension to the EU-U.S. DPF), and the Swiss Federal Administration 
to the adoption of arbitration rules that govern arbitration 
proceedings and a code of conduct for arbitrators under the Swiss-U.S. 
DPF. In the event that the rules governing the proceedings and/or the 
code of conduct for arbitrators need to be changed, the DOC and the 
European Commission and the Swiss Federal Administration will agree to 
amend those rules or adopt a different set of existing, well-
established U.S. arbitral procedures, and/or amend the code of conduct 
for arbitrators (as applicable).
    The DOC has selected the International Centre for Dispute 
Resolution (ICDR), the international division of the American 
Arbitration Association (AAA) (collectively ICDR-AAA) to administer 
arbitrations pursuant to and manage the arbitral fund identified in 
Annex I of the EU-U.S. DPF Principles, including as relates to the UK 
Extension to the EU-U.S. DPF, and Annex I of the Swiss-U.S. DPF 
Principles. Among other things, the ICDR-AAA facilitates arbitrator fee 
arrangements, including the collection and timely payment of arbitrator 
fees and other expenses. On September 15, 2017, the DOC and the 
European Commission agreed to the adoption of a set of arbitration 
rules to govern binding arbitration proceedings described in Annex I of 
the EU-U.S. Privacy Shield Framework Principles, as well as a code of 
conduct for arbitrators that is consistent with generally accepted 
ethical standards for commercial arbitrators and Annex I of the 
Principles. On March 29, 2018, the DOC and the Swiss Federal 
Administration agreed to the adoption of a set of arbitration rules to 
govern binding arbitration proceedings described in Annex I of the 
Swiss-U.S. Privacy Shield Framework Principles, as well as a code of 
conduct for arbitrators that is consistent with generally accepted 
ethical standards for commercial arbitrators and Annex I of the 
Principles. The DOC has respectively agreed with the European 
Commission (and the UK Government, as appropriate, with regard to the 
UK Extension to the EU-U.S. DPF) and the Swiss Federal Administration 
to adapt those sets of arbitration rules and codes of conduct to 
reflect the updates under the EU-U.S. DPF (including as applicable to 
the UK Extension to the EU-U.S. DPF) and the Swiss-U.S. DPF, and the 
DOC will work with the ICDR-AAA to make those updates.
Applications:
    Applications must be typewritten, electronically submitted, and 
headed ``Application for Inclusion on the EU-U.S. DPF List of 
Arbitrators'' or ``Application for Inclusion on the Swiss-U.S. DPF 
Supplemental List of Arbitrators'' (as applicable). Applications must 
include the following information, and each section of the application 
should be labeled and numbered as indicated below:

--Applicant's name.
--Applicant's mailing address, telephone number, and email address.
1. Independence
--Description of the applicant's affiliations with any organization 
that has self-certified under the EU-U.S. DPF or the Swiss-U.S. DPF, or 
the United States, European Union, any EU Member State, Switzerland, or 
any other governmental authority, public authority, or enforcement 
authority.
2. Integrity
--The respective names, job titles (as applicable), mailing addresses, 
telephone numbers, and email addresses of three individuals willing to 
provide information concerning the applicant's qualifications for 
service, including the applicant's character, reputation, reliability, 
and judgment.
--Description of the applicant's willingness and ability to make time 
commitments necessary to be an arbitrator.
3. Expertise
--Demonstration of admittance to practice law in the United States.
--Relevant academic degrees and professional training and licensing.
--Current employment, including job title and description of 
responsibility, as well as name and mailing address of employer, and 
name, job title, telephone number, and email address of supervisor or 
other reference.
--Employment history, including the dates and mailing addresses of each 
prior position and a summary of responsibilities.
--Description of expertise in U.S. privacy law and EU and/or Swiss data 
protection law (as applicable), and, as appropriate, any other European 
data protection law.
--Description of training or experience in arbitration or other forms 
of dispute resolution, if applicable.
--A list of publications, testimony, and speeches, if any, concerning 
U.S. privacy law and EU and/or Swiss data protection law (as 
applicable).

II. Method of Collection

    Individuals interested in being considered for inclusion on the EU-
U.S. DPF List of Arbitrators or the Swiss-U.S. DPF Supplemental List of 
Arbitrators would submit their applications to the DOC online via email 
at [email protected].
    The DOC previously requested and obtained approval of analogous 
information collections that have allowed the DOC, as represented by 
ITA, to collect information from applicants for inclusion on the EU-
U.S. Privacy Shield List of Arbitrators (OMB Control No. 0625-0277) and 
from applicants for inclusion on the Swiss-U.S. Privacy Shield List of 
Arbitrators (OMB Control No. 0625-0278). Pursuant to the EU-U.S. DPF, 
the EU-U.S. Privacy Shield Framework Principles will be amended as the 
``EU-U.S. Data Privacy Framework Principles''; and pursuant to the 
Swiss-U.S. DPF, the Swiss-U.S. Privacy Shield Framework Principles will 
be amended as the ``Swiss-U.S. Data Privacy Framework Principles''. 
Organizations that self-certified their commitment to comply with the 
EU-U.S. Privacy Shield Framework Principles and/or the Swiss-U.S. 
Privacy Shield Framework Principles that wish

[[Page 19065]]

to enjoy the benefits of participating in the EU-U.S. DPF and/or the 
Swiss-U.S. DPF (as applicable) must comply with the amended Principles 
once those amendments have entered into effect. More information on the 
binding arbitration option under the Data Privacy Framework program 
will be made available on the DOC's Data Privacy Framework program 
website (https://www.dataprivacyframework.gov/) once that is launched; 
however, such information will also be made available, as appropriate, 
on the DOC's Privacy Shield program website (https://www.privacyshield.gov/welcome).

III. Data

    OMB Control Number: New collection. Not yet assigned.
    Form Number(s): None.
    Type of Review: Regular submission, new information collection.
    Affected Public: Private individuals.
    Estimated Number of Respondents: 36.
    Estimated Time per Response: 240 minutes.
    Estimated Total Annual Burden Hours: 144.
    Estimated Total Annual Cost to Public: $0.
    Respondent's Obligation: Required to obtain or retain benefits.
    Legal Authority: The DOC's statutory authority to foster, promote, 
and develop the foreign and domestic commerce of the United States (15 
U.S.C. 1512).

IV. Request for Comments

    We are soliciting public comments to permit the Department/Bureau 
to: (a) Evaluate whether the proposed information collection is 
necessary for the proper functions of the Department, including whether 
the information will have practical utility; (b) Evaluate the accuracy 
of our estimate of the time and cost burden for this proposed 
collection, including the validity of the methodology and assumptions 
used; (c) Evaluate ways to enhance the quality, utility, and clarity of 
the information to be collected; and (d) Minimize the reporting burden 
on those who are to respond, including the use of automated collection 
techniques or other forms of information technology.
    Comments that you submit in response to this notice are a matter of 
public record. We will include or summarize each comment in our request 
to OMB to approve this information collection request (ICR). Before 
including your address, phone number, email address, or other personal 
identifying information in your comment, you should be aware that your 
entire comment--including your personal identifying information--may be 
made publicly available at any time. While you may ask us in your 
comment to withhold your personal identifying information from public 
review, we cannot guarantee that we will be able to do so.

Sheleen Dumas,
Department PRA Clearance Officer, Office of the Under Secretary for 
Economic Affairs, Commerce Department.
[FR Doc. 2023-06647 Filed 3-29-23; 8:45 am]
BILLING CODE 3510-DS-P