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).
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.
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:
(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;
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.
Cover Memo for OMB.pdf
Supporting statement for emergency approval of List of Arbitrators 5.24.docx
EU-U.S. Privacy Shield-Invitation for Applications for Inclusion on the list of Arbitrators