Rfc2018@Ntia.Doc.Gov

48600 Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Notices Estimated Total Annual Burden outlines of the ecosystem that should be foreign countries, and some U.S. states, Hours: 150 hours. created to provide those protections. have articulated distinct visions for how Estimated Total Annual Cost to DATES: Comments must be received by to address privacy concerns, leading to Public: $0 in capital and reporting/ 11:59 p.m. Eastern Daylight Time on a nationally and globally fragmented recordkeeping costs. October 26, 2018. regulatory landscape. Such fragmentation naturally disincentivizes IV. Request for Comments ADDRESSES: Written comments identified by Docket No. 180821780– innovation by increasing the regulatory Comments are invited on: (a) Whether 8780–01 may be submitted by email to costs for products that require scale. The the proposed collection of information [email protected]. Comments Administration hopes to articulate a is necessary for the proper performance submitted by email should be machine- renewed vision, one that reduces of the functions of the agency, including readable and should not be copy- fragmentation nationally and increases whether the information shall have protected. Written comments also may harmonization and interoperability practical utility; (b) the accuracy of the be submitted by mail to the National nationally and globally. Further, changes in the way personal agency’s estimate of the burden Telecommunications and Information information is used by organizations, (including hours and cost) of the Administration, U.S. Department of and how users interact with the proposed collection of information; (c) Commerce, 1401 Constitution Avenue products and services with which they ways to enhance the quality, utility, and NW, Room 4725, Attn: Privacy RFC, frequently engage, have increased the clarity of the information to be Washington, DC 20230. collected; and (d) ways to minimize the belief that users are losing control over FOR FURTHER INFORMATION CONTACT: burden of the collection of information their personal information. As seen in Travis Hall, Telecommunications Policy on respondents, including through the data collected by the National Analyst, Office of Policy Analysis and use of automated collection techniques Telecommunications and Information Development, National or other forms of information Administration (NTIA), at least a third Telecommunications and Information technology. of online households have been deterred Administration, U.S. Department of Comments submitted in response to from certain forms of online activity, Commerce, 1401 Constitution Avenue this notice will be summarized and/or such as financial transactions, due to NW, Room 4725, Washington, DC 1 included in the request for OMB privacy and security concerns. The 20230; telephone: 202–482–3522; email: approval of this information collection; Administration takes these concerns [email protected]. seriously and believes that users should they also will become a matter of public For media inquiries: Anne Veigle, record. be able to benefit from dynamic uses of Director, Office of Public Affairs, their information, while still expecting Dated: September 20, 2018. National Telecommunications and organizations will appropriately Sarah Brabson, Information Administration, U.S. minimize risks to users’ privacy. Risk- NOAA PRA Clearance Officer. Department of Commerce, 1401 based flexibility is therefore at the heart [FR Doc. 2018–20850 Filed 9–25–18; 8:45 am] Constitution Avenue NW, Room 4897, of the approach the Administration is BILLING CODE 3510–JE–P Washington, DC 20230; telephone: (202) requesting comment on in this RFC. We 482–7002; email: [email protected]. are mindful of the potential impact of a SUPPLEMENTARY INFORMATION: solution on small and mid-sized DEPARTMENT OF COMMERCE I. Background businesses, and we will be looking for solutions that support their continued National Telecommunications and The U.S. Department of Commerce ability to innovate and support Information Administration (Department) requests comment on economic growth. ways to advance consumer privacy The United States has a history of [Docket No. 180821780–8780–01] while protecting prosperity and providing strong protections for privacy innovation. Every day, individuals RIN 0660–XC043 dating back to 1789, with the drafting of interact with an array of products and our Bill of Rights, including the Fourth Developing the Administration’s services, many of which have become Amendment. The United States also has Approach to Consumer Privacy integral to their daily lives. Often, been a leader in developing privacy especially in the digital environment, norms, be it through the development of AGENCY: National Telecommunications these products and services depend on what ultimately became known as the and Information Administration, U.S. the collection, retention, and use of Fair Information Practice Principles Department of Commerce. personal data about their users. Users (FIPPs) in the 1970’s, or through the ACTION: Notice; request for public must therefore trust that organizations strongest privacy enforcement regime in comments. will respect their interests, understand the world. For users of products and what is happening with their personal services in several sectors (e.g., SUMMARY: On behalf of the U.S. data, and decide whether they are healthcare, education, financial Department of Commerce, the National comfortable with this exchange. Trust is services), specific laws cover how Telecommunications and Information at the core of the United States’ privacy organizations handle personal Administration (NTIA) is requesting policy formation. Through this Request information. Where no sector-specific comments on ways to advance for Comment (RFC), the Administration laws apply, the Federal Trade consumer privacy while protecting will determine the best path toward Commission (FTC) has the authority to prosperity and innovation. NTIA is protecting individual’s privacy while ensure that organizations are not seeking public comments on a proposed fostering innovation. deceiving consumers or operating approach to this task that lays out a set The time is ripe for this unfairly. In all respects, the United of user-centric privacy outcomes that Administration to provide the underpin the protections that should be leadership needed to ensure that the 1 NTIA Blog, ‘‘Most Americans Continue to Have produced by any Federal actions on United States remains at the forefront of Privacy and Security Concerns, NTIA Survey Finds’’ (Aug. 20, 2018), https://www.ntia.doc.gov/ consumer-privacy policy, and a set of enabling innovation with strong privacy blog/2018/most-americans-continue-have-privacy- high-level goals that describe the protections. A growing number of and-security-concerns-ntia-survey-finds. VerDate Sep<11>2014 19:21 Sep 25, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Notices 48601 States has successfully investigated and clarity, this principle is implemented by service, the privacy risks that the taken enforcement actions against mandating notice and choice. To date, product or service may be creating, organizations that violate these existing such mandates have resulted primarily other means of mitigating these privacy Federal laws. This RFC asks how best to in long, legal, regulator-focused privacy risks, the impact of access and strengthen the protections users policies and check boxes, which only correction on other organizational risks, currently enjoy; it does not propose help a very small number of users who and other relevant factors, in order to changing current sectoral federal laws.2 choose to read these policies and make determine the degree or manner in This RFC is the outcome of an binary choices. which access and correction could help interagency process led by the National The Administration is instead achieve a user-centric privacy outcome Economic Council (NEC) of the United proposing that discussion of consumer without creating needless costs. States. NTIA has worked in privacy in the United States refocus on 1. Transparency. Users should be able coordination with the International the outcomes of organizational to easily understand how an Trade Administration (ITA) to ensure practices, rather than on dictating what organization collects, stores, uses, and consistency with international policy those practices should be. The desired shares their personal information. objectives, and in parallel with the work outcome is a reasonably informed user, Transparency can be enabled through of the National Institute of Standards empowered to meaningfully express various means. Organizations should and Technology (NIST) in developing a privacy preferences, as well as products take into account how the average user voluntary risk-based Privacy Framework and services that are inherently interacts with a product or service, and as an enterprise risk management tool designed with appropriate privacy maximize the intuitiveness of how it for organizations. In developing this protections, particularly in business conveys information to users. In many RFC, the Department conducted contexts in which relying on user cases, lengthy notices describing a significant outreach to a diverse set of intervention may be insufficient to company’s privacy program at a individuals and

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