EU-U.S. Privacy Shield - Invitation for Applications for Inclusion on the List of Arbitrators

Forms and Documents

Document Name	Status
Cover Memo for OMB.pdf Supplementary Document	2017-05-24
Supporting statement for emergency approval of List of Arbitrators 5.24.docx Supporting Statement A	2017-05-24

IC Document Collections

IC ID	Document Title	Status
226991	EU-U.S. Privacy Shield-Invitation for Applications for Inclusion on the list of Arbitrators Other-Application	New

ICR Details

OMB Control No: 0625-0277	ICR Reference No: 201705-0625-001
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DOC/ITA	Agency Tracking No:
Title: EU-U.S. Privacy Shield - Invitation for Applications for Inclusion on the List of Arbitrators
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 11/30/2017
OIRA Conclusion Action: Withdrawn	Conclusion Date: 06/14/2017
	Date Received in OIRA: 05/24/2017
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		6 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: ITA seeks approval to publish a Federal Register Notice (FRN) announcing the opportunity to apply for inclusion on the list of arbitrators under the EU-U.S. Privacy Shield Framework (Privacy Shield).

Emergency Justfication: The arbitral mechanism is a critical component of the EU-U.S. Privacy Shield Framework and must be implemented as soon as possible to preserve the integrity of the Privacy Shield program. More than 2,000 U.S.-based organizations currently rely on the Privacy Shield to transfer the personal data from Europe to the United States necessary to do business across the Atlantic. Such a data transfer mechanism is critically important, because it underpins almost $300 billion in digitally deliverable services traded across the Atlantic each year. In addition the United States Government is moving to intervene in several European court cases to defend the Privacy Shield against challenges that, among other things, it does not provide effective review mechanisms, of which the arbitration mechanism is one. The arbitration mechanism is designed to address certain remedial claims, which could be presented at any time. If that happens before it is fully functional, the Privacy Shield effort as a whole could be impacted negatively. The likelihood that such claims are presented increases with each passing week.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
EU-U.S. Privacy Shield-Invitation for Applications for Inclusion on the list of Arbitrators

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new collection

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Annual Cost to Federal Government: $11,275

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 05/24/2017

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