Forensics Consulting Solutions, LLC; Analysis of Proposed Consent Order to Aid Public Comment, 51270-51272 [2015-20802]
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51270
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW.,
5th Floor, Suite 5610 (Annex D),
Washington, DC 20024. If possible,
submit your paper comment to the
Commission by courier or overnight
service.
Visit the Commission Web site at
https://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 16, 2015. You can find
more information, including routine
uses permitted by the Privacy Act, in
the Commission’s privacy policy, at
https://www.ftc.gov/ftc/privacy.htm.
Analysis of Proposed Consent Order To
Aid Public Comment
The Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’) has accepted,
subject to final approval, a consent
agreement applicable to NAICS
Association, LLC. (‘‘NAICS’’).
The proposed consent order has been
placed on the public record for thirty
(30) days for receipt of comments by
interested persons. Comments received
during this period will become part of
the public record. After thirty days, the
Commission will again review the
agreement and the comments received,
and will decide whether it should
withdraw from the agreement and take
appropriate action or make final the
agreement’s proposed order.
This matter concerns alleged false or
misleading representations that NAICS
made to consumers concerning its
participation in the Safe Harbor privacy
frameworks agreed upon by the U.S. and
the European Union (‘‘EU’’) and the U.S.
and Switzerland (collectively, ‘‘Safe
Harbor Frameworks’’). The Safe Harbor
Frameworks allow U.S. companies to
transfer data outside the EU and
Switzerland consistent with EU and
Swiss law. To join the Safe Harbor
Frameworks, a company must selfcertify to the U.S. Department of
Commerce (‘‘Commerce’’) that it
complies with a set of principles and
related requirements that have been
deemed by the European Commission
and Switzerland as providing
‘‘adequate’’ privacy protection. These
principles include notice, choice,
onward transfer, security, data integrity,
access, and enforcement. Commerce
maintains a public Web site,
www.export.gov/safeharbor, where it
posts the names of companies that have
self-certified to the Safe Harbor
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16:48 Aug 21, 2015
Jkt 235001
Frameworks. The listing of companies
indicates whether their self-certification
is ‘‘current’’ or ‘‘not current.’’
Companies are required to re-certify
every year in order to retain their status
as ‘‘current’’ members of the Safe Harbor
Frameworks.
NAICS provides services to assist
companies in working with or
understanding NAICS (‘‘North
American Industry Classification
System’’) and SIC (‘‘Standard Industry
Classification’’) system codes.
According to the Commission’s
complaint, NAICS has set forth on its
Web site, https://www.naics.com/
privacy-policy/, privacy policies and
statements about its practices, including
statements related to its participation in
the Safe Harbor Frameworks.
The Commission’s complaint alleges
that NAICS falsely represented that it
was a ‘‘current’’ participant in the Safe
Harbor Frameworks when, in fact, from
February 2014 until April 2015, NAICS
was not a ‘‘current’’ participant in the
Safe Harbor Frameworks. The
Commission’s complaint alleges that in
February 2013, NAICS submitted its
self-certification to the Safe Harbor
Frameworks. NAICS did not renew its
self-certification in February 2014 and
Commerce subsequently updated
NAICS’s status to ‘‘not current’’ on its
public Web site.
Part I of the proposed order prohibits
NAICS from making misrepresentations
about its membership in any privacy or
security program sponsored by the
government or any other self-regulatory
or standard-setting organization,
including, but not limited to, the U.S.EU Safe Harbor Framework and the
U.S.-Swiss Safe Harbor Framework.
Parts II through VI of the proposed
order are reporting and compliance
provisions. Part II requires NAICS to
retain documents relating to its
compliance with the order for a fiveyear period.
Part III requires dissemination of the
order now and in the future to persons
with responsibilities relating to the
subject matter of the order. Part IV
ensures notification to the FTC of
changes in corporate status. Part V
mandates that NAICS submit an initial
compliance report to the FTC, and make
available to the FTC subsequent reports.
Part VI is a provision ‘‘sunsetting’’ the
order after twenty (20) years, with
certain exceptions.
The purpose of this analysis is to
facilitate public comment on the
proposed order. It is not intended to
constitute an official interpretation of
the proposed complaint or order or to
modify the order’s terms in any way.
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Sfmt 4703
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2015–20804 Filed 8–21–15; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
[File No. 152 3185]
Forensics Consulting Solutions, LLC;
Analysis of Proposed Consent Order
to Aid Public Comment
Federal Trade Commission.
Proposed Consent Agreement.
AGENCY:
ACTION:
The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair or
deceptive acts or practices. The attached
Analysis to Aid Public Comment
describes both the allegations in the
draft complaint and the terms of the
consent order—embodied in the consent
agreement—that would settle these
allegations.
DATES: Comments must be received on
or before September 16, 2015.
ADDRESSES: Interested parties may file a
comment at https://
ftcpublic.commentworks.com/ftc/
forensicsconsultingconsent online or on
paper, by following the instructions in
the Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Forensics Consulting
Solutions, LLC—Consent Agreement;
File No. 152 3185’’ on your comment
and file your comment online at
https://ftcpublic.commentworks.com/
ftc/forensicsconsultingconsent by
following the instructions on the webbased form. If you prefer to file your
comment on paper, write ‘‘Forensics
Consulting Solutions, LLC—Consent
Agreement; File No. 152 3185’’ on your
comment and on the envelope, and mail
your comment to the following address:
Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
NW., Suite CC–5610 (Annex D),
Washington, DC 20580, or deliver your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, Constitution Center, 400 7th
Street SW., 5th Floor, Suite 5610
(Annex D), Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Ruth Yodaiken, ((202) 326–2127),
Bureau of Consumer Protection, 600
Pennsylvania Avenue NW., Washington,
DC 20580.
SUPPLEMENTARY INFORMATION: Pursuant
to Section 6(f) of the Federal Trade
Commission Act, 15 U.S.C. 46(f), and
FTC Rule 2.34, 16 CFR 2.34, notice is
hereby given that the above-captioned
SUMMARY:
E:\FR\FM\24AUN1.SGM
24AUN1
tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices
consent agreement containing consent
order to cease and desist, having been
filed with and accepted, subject to final
approval, by the Commission, has been
placed on the public record for a period
of thirty (30) days. The following
Analysis to Aid Public Comment
describes the terms of the consent
agreement, and the allegations in the
complaint. An electronic copy of the
full text of the consent agreement
package can be obtained from the FTC
Home Page (for August 17, 2015), on the
World Wide Web at: https://www.ftc.gov/
os/actions.shtm.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before September 16, 2015. Write
‘‘Forensics Consulting Solutions, LLC—
Consent Agreement; File No. 152 3185’’
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 https://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 does
not 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 does
not include any sensitive health
information, like medical records or
other individually identifiable health
information. In addition, do not include
any ‘‘[t]rade secret or any commercial or
financial information which . . . is
privileged or confidential,’’ as discussed
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, do not 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
VerDate Sep<11>2014
16:48 Aug 21, 2015
Jkt 235001
4.9(c).1 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.
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/
forensicsconsultingconsent by following
the instructions on the web-based form.
If this Notice appears at https://
www.regulations.gov/#!home, you also
may file a comment through that Web
site.
If you file your comment on paper,
write ‘‘Forensics Consulting Solutions,
LLC—Consent Agreement; File No. 152
3185’’ on your comment and on the
envelope, and mail your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW., Suite
CC–5610 (Annex D), Washington, DC
20580, or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW.,
5th Floor, Suite 5610 (Annex D),
Washington, DC 20024. If possible,
submit your paper comment to the
Commission by courier or overnight
service.
Visit the Commission Web site at
https://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 16, 2015. You can find
more information, including routine
uses permitted by the Privacy Act, in
the Commission’s privacy policy, at
https://www.ftc.gov/ftc/privacy.htm.
Analysis of Proposed Consent Order to
Aid Public Comment
The Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’) has accepted,
subject to final approval, a consent
agreement applicable to Forensics
Consulting Solutions, LLC (‘‘Forensics
Consulting Solutions’’).
The proposed consent order has been
placed on the public record for thirty
1 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).
PO 00000
Frm 00076
Fmt 4703
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51271
(30) days for receipt of comments by
interested persons. Comments received
during this period will become part of
the public record. After thirty (30) days,
the Commission will again review the
agreement and the comments received,
and will decide whether it should
withdraw from the agreement and take
appropriate action or make final the
agreement’s proposed order.
This matter concerns alleged false or
misleading representations that the
company made to consumers
concerning its participation in the Safe
Harbor privacy Framework agreed upon
by the U.S. and the European Union
(‘‘EU’’) (‘‘U.S.-EU Safe Harbor
Framework’’). The U.S.-EU Safe Harbor
Framework allows U.S. companies to
transfer data outside the EU consistent
with EU law. To join the U.S.-EU Safe
Harbor Framework, a company must
self-certify to the U.S. Department of
Commerce (‘‘Commerce’’) that it
complies with a set of principles and
related requirements that have been
deemed by the European Commission as
providing ‘‘adequate’’ privacy
protection. These principles include
notice, choice, onward transfer,
security, data integrity, access, and
enforcement. Commerce maintains a
public Web site, www.export.gov/
safeharbor, where it posts the names of
companies that have self-certified to the
Safe Harbor Framework. The listing of
companies indicates whether their selfcertification is ‘‘current’’ or ‘‘not
current.’’ Companies are required to recertify every year in order to retain their
status as current members of the Safe
Harbor Framework.
Forensics Consulting Solutions
describes itself as an electronic
discovery consulting firm. According to
the Commission’s complaint, the
company has set forth on its Web site,
www.aboutfcs.com/security-privacy,
privacy policies and statements about
its practices, including statements
related to its participation in the U.S-EU
Safe Harbor Framework.
The Commission’s complaint alleges
that Forensics Consulting Solutions
falsely represented that it was a
‘‘current’’ participant in the U.S.-EU
Safe Harbor Framework when, in fact,
from August 2012 until May 2015,
Forensics Consulting Solutions was not
a ‘‘current’’ participant in the U.S.-EU
Safe Harbor Framework. The
Commission’s complaint alleges that in
August 2009, Forensics Consulting
Solutions submitted its self-certification
to the U.S.-EU Safe Harbor Framework
and its status was listed as ‘‘current’’ on
Commerce’s Web site. Forensics
Consulting Solutions did not renew its
self-certification in August 2012 and
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51272
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices
Commerce subsequently updated
Forensics Consulting Solutions’ status
to ‘‘not current’’ on its public Web site.
In May 2015, Forensics Consulting
Solutions recertified with Commerce
and is now a current participant in the
U.S–EU Safe Harbor Framework.
Part I of the proposed order prohibits
Forensics Consulting Solutions from
making misrepresentations about its
membership in any privacy or security
program sponsored by the government
or any self-regulatory or standard-setting
organization, including, but not limited
to, the U.S.-EU Safe Harbor Framework.
Parts II through VI of the proposed
order are reporting and compliance
provisions. Part II requires Forensics
Consulting Solutions to retain
documents relating to its compliance
with the order for a five-year period.
Part III requires dissemination of the
order now and in the future to persons
with responsibilities relating to the
subject matter of the order. Part IV
ensures notification to the FTC of
changes in corporate status. Part V
mandates that Forensics Consulting
Solutions submit an initial compliance
report to the FTC, and make available to
the FTC subsequent reports. Part VI is
a provision ‘‘sunsetting’’ the order after
twenty (20) years, with certain
exceptions.
The purpose of this analysis is to
facilitate public comment on the
proposed order. It is not intended to
constitute an official interpretation of
the proposed complaint or order or to
modify the order’s terms in any way.
By direction of the Commission.
Donald S. Clark,
Secretary.
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[60Day–15–0604; Docket No. CDC–2015–
0067]
Proposed Data Collection Submitted
for Public Comment and
Recommendations
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Notice with comment period.
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
The Centers for Disease
Control and Prevention (CDC), as part of
its continuing efforts to reduce public
burden and maximize the utility of
VerDate Sep<11>2014
16:48 Aug 21, 2015
Jkt 235001
Please note: All public comment should be
submitted through the Federal eRulemaking
portal (Regulations.gov) or by U.S. mail to the
address listed above.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2015–20802 Filed 8–21–15; 8:45 am]
SUMMARY:
government information, invites the
general public and other Federal
agencies to take this opportunity to
comment on proposed and/or
continuing information collections, as
required by the Paperwork Reduction
Act of 1995. This notice invites
comment on a proposed information
collection entitled School-Associated
Violent Deaths Surveillance System
(SAVDSS). CDC will use the
information to continue the ongoing
surveillance of school-associated violent
deaths (SAVD), to track and monitor the
extent of school-associated violence.
DATES: Written comments must be
received on or before October 23, 2015.
ADDRESSES: You may submit comments,
identified by Docket No. CDC–2015–
0067 by any of the following methods:
Federal eRulemaking Portal:
Regulation.gov. Follow the instructions
for submitting comments.
Mail: Leroy A. Richardson,
Information Collection Review Office,
Centers for Disease Control and
Prevention, 1600 Clifton Road NE., MS–
D74, Atlanta, Georgia 30329.
Instructions: All submissions received
must include the agency name and
Docket Number. All relevant comments
received will be posted without change
to Regulations.gov, including any
personal information provided. For
access to the docket to read background
documents or comments received, go to
Regulations.gov.
To
request more information on the
proposed project or to obtain a copy of
the information collection plan and
instruments, contact the Information
Collection Review Office, Centers for
Disease Control and Prevention, 1600
Clifton Road NE., MS–D74, Atlanta,
Georgia 30329; phone: 404–639–7570;
Email: omb@cdc.gov.
SUPPLEMENTARY INFORMATION: Under the
Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C. 3501–3520), Federal agencies
must obtain approval from the Office of
Management and Budget (OMB) for each
collection of information they conduct
or sponsor. In addition, the PRA also
requires Federal agencies to provide a
60-day notice in the Federal Register
concerning each proposed collection of
information, including each new
proposed collection, each proposed
extension of existing collection of
information, and each reinstatement of
previously approved information
collection before submitting the
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
collection to OMB for approval. To
comply with this requirement, we are
publishing this notice of a proposed
data collection as described below.
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology; and (e) estimates of capital
or start-up costs and costs of operation,
maintenance, and purchase of services
to provide information. Burden means
the total time, effort, or financial
resources expended by persons to
generate, maintain, retain, disclose or
provide information to or for a Federal
agency. This includes the time needed
to review instructions; to develop,
acquire, install and utilize technology
and systems for the purpose of
collecting, validating and verifying
information, processing and
maintaining information, and disclosing
and providing information; to train
personnel and to be able to respond to
a collection of information, to search
data sources, to complete and review
the collection of information; and to
transmit or otherwise disclose the
information.
Proposed Project
The School-Associated Violent Death
Surveillance System (SAVD)—Revision
(OMB# 0920–0604, expiration 04/30/
2016)—National Center for Injury
Prevention and Control (NCIPC),
Centers for Disease Control and
Prevention (CDC).
Background and Brief Description
School-associated violence,
particularly homicides and suicides that
occur in schools, has been a significant
public concern for several years. Despite
the important role of schools as a setting
for violence research and prevention
interventions, relatively little scientific
or systematic work has been conducted
to describe the nature and level of fatal
violence associated with schools. Public
health and education officials have had
to rely on limited local studies and
estimated numbers to describe the
extent of school-associated violent
death. As a result, the U.S. Department
of Education (DOE) requested assistance
from the Division of Violence
E:\FR\FM\24AUN1.SGM
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Agencies
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Notices]
[Pages 51270-51272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20802]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 152 3185]
Forensics Consulting Solutions, LLC; Analysis of Proposed Consent
Order to Aid Public Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed Consent Agreement.
-----------------------------------------------------------------------
SUMMARY: The consent agreement in this matter settles alleged
violations of federal law prohibiting unfair or deceptive acts or
practices. The attached Analysis to Aid Public Comment describes both
the allegations in the draft complaint and the terms of the consent
order--embodied in the consent agreement--that would settle these
allegations.
DATES: Comments must be received on or before September 16, 2015.
ADDRESSES: Interested parties may file a comment at https://
ftcpublic.commentworks.com/ftc/forensicsconsultingconsent online or on
paper, by following the instructions in the Request for Comment part of
the SUPPLEMENTARY INFORMATION section below. Write ``Forensics
Consulting Solutions, LLC--Consent Agreement; File No. 152 3185'' on
your comment and file your comment online at https://
ftcpublic.commentworks.com/ftc/forensicsconsultingconsent by following
the instructions on the web-based form. If you prefer to file your
comment on paper, write ``Forensics Consulting Solutions, LLC--Consent
Agreement; File No. 152 3185'' on your comment and on the envelope, and
mail your comment to the following address: Federal Trade Commission,
Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610
(Annex D), Washington, DC 20580, or deliver your comment to the
following address: Federal Trade Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex
D), Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT: Ruth Yodaiken, ((202) 326-2127),
Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., Washington,
DC 20580.
SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal
Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34,
notice is hereby given that the above-captioned
[[Page 51271]]
consent agreement containing consent order to cease and desist, having
been filed with and accepted, subject to final approval, by the
Commission, has been placed on the public record for a period of thirty
(30) days. The following Analysis to Aid Public Comment describes the
terms of the consent agreement, and the allegations in the complaint.
An electronic copy of the full text of the consent agreement package
can be obtained from the FTC Home Page (for August 17, 2015), on the
World Wide Web at: https://www.ftc.gov/os/actions.shtm.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before September 16,
2015. Write ``Forensics Consulting Solutions, LLC--Consent Agreement;
File No. 152 3185'' 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 https://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 does not 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 does not include any
sensitive health information, like medical records or other
individually identifiable health information. In addition, do not
include any ``[t]rade secret or any commercial or financial information
which . . . is privileged or confidential,'' as discussed 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, do not 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).\1\ 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.
---------------------------------------------------------------------------
\1\ 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).
---------------------------------------------------------------------------
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/forensicsconsultingconsent by following the instructions on the
web-based form. If this Notice appears at https://www.regulations.gov/#!home, you also may file a comment through that Web site.
If you file your comment on paper, write ``Forensics Consulting
Solutions, LLC--Consent Agreement; File No. 152 3185'' on your comment
and on the envelope, and mail your comment to the following address:
Federal Trade Commission, Office of the Secretary, 600 Pennsylvania
Avenue NW., Suite CC-5610 (Annex D), Washington, DC 20580, or deliver
your comment to the following address: Federal Trade Commission, Office
of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor,
Suite 5610 (Annex D), Washington, DC 20024. If possible, submit your
paper comment to the Commission by courier or overnight service.
Visit the Commission Web site at https://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 16, 2015. You can find more
information, including routine uses permitted by the Privacy Act, in
the Commission's privacy policy, at https://www.ftc.gov/ftc/privacy.htm.
Analysis of Proposed Consent Order to Aid Public Comment
The Federal Trade Commission (``FTC'' or ``Commission'') has
accepted, subject to final approval, a consent agreement applicable to
Forensics Consulting Solutions, LLC (``Forensics Consulting
Solutions'').
The proposed consent order has been placed on the public record for
thirty (30) days for receipt of comments by interested persons.
Comments received during this period will become part of the public
record. After thirty (30) days, the Commission will again review the
agreement and the comments received, and will decide whether it should
withdraw from the agreement and take appropriate action or make final
the agreement's proposed order.
This matter concerns alleged false or misleading representations
that the company made to consumers concerning its participation in the
Safe Harbor privacy Framework agreed upon by the U.S. and the European
Union (``EU'') (``U.S.-EU Safe Harbor Framework''). The U.S.-EU Safe
Harbor Framework allows U.S. companies to transfer data outside the EU
consistent with EU law. To join the U.S.-EU Safe Harbor Framework, a
company must self-certify to the U.S. Department of Commerce
(``Commerce'') that it complies with a set of principles and related
requirements that have been deemed by the European Commission as
providing ``adequate'' privacy protection. These principles include
notice, choice, onward transfer, security, data integrity, access, and
enforcement. Commerce maintains a public Web site, www.export.gov/safeharbor, where it posts the names of companies that have self-
certified to the Safe Harbor Framework. The listing of companies
indicates whether their self-certification is ``current'' or ``not
current.'' Companies are required to re-certify every year in order to
retain their status as current members of the Safe Harbor Framework.
Forensics Consulting Solutions describes itself as an electronic
discovery consulting firm. According to the Commission's complaint, the
company has set forth on its Web site, www.aboutfcs.com/security-privacy, privacy policies and statements about its practices, including
statements related to its participation in the U.S-EU Safe Harbor
Framework.
The Commission's complaint alleges that Forensics Consulting
Solutions falsely represented that it was a ``current'' participant in
the U.S.-EU Safe Harbor Framework when, in fact, from August 2012 until
May 2015, Forensics Consulting Solutions was not a ``current''
participant in the U.S.-EU Safe Harbor Framework. The Commission's
complaint alleges that in August 2009, Forensics Consulting Solutions
submitted its self-certification to the U.S.-EU Safe Harbor Framework
and its status was listed as ``current'' on Commerce's Web site.
Forensics Consulting Solutions did not renew its self-certification in
August 2012 and
[[Page 51272]]
Commerce subsequently updated Forensics Consulting Solutions' status to
``not current'' on its public Web site. In May 2015, Forensics
Consulting Solutions recertified with Commerce and is now a current
participant in the U.S-EU Safe Harbor Framework.
Part I of the proposed order prohibits Forensics Consulting
Solutions from making misrepresentations about its membership in any
privacy or security program sponsored by the government or any self-
regulatory or standard-setting organization, including, but not limited
to, the U.S.-EU Safe Harbor Framework.
Parts II through VI of the proposed order are reporting and
compliance provisions. Part II requires Forensics Consulting Solutions
to retain documents relating to its compliance with the order for a
five-year period. Part III requires dissemination of the order now and
in the future to persons with responsibilities relating to the subject
matter of the order. Part IV ensures notification to the FTC of changes
in corporate status. Part V mandates that Forensics Consulting
Solutions submit an initial compliance report to the FTC, and make
available to the FTC subsequent reports. Part VI is a provision
``sunsetting'' the order after twenty (20) years, with certain
exceptions.
The purpose of this analysis is to facilitate public comment on the
proposed order. It is not intended to constitute an official
interpretation of the proposed complaint or order or to modify the
order's terms in any way.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2015-20802 Filed 8-21-15; 8:45 am]
BILLING CODE 6750-01-P