Global Data Vault, LLC; Analysis To Aid Public Comment, 69373-69375 [2019-27234]
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Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Notices
Additional information concerning
this meeting may be obtained from the
Office of Media Relations, (202) 418–
0500; TTY 1–888–835–5322. Audio/
Video coverage of the meeting will be
broadcast live with open captioning
over the internet from the FCC Live web
page at www.fcc.gov/live.
Marlene Dortch,
Secretary.
[FR Doc. 2019–27224 Filed 12–17–19; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
Designated Reserve Ratio for 2020
Federal Deposit Insurance
Corporation.
ACTION: Notice of Designated Reserve
Ratio for 2020.
AGENCY:
Pursuant to the Federal Deposit
Insurance Act, the Board of Directors of
the Federal Deposit Insurance
Corporation designates that the
Designated Reserve Ratio (DRR) for the
Deposit Insurance Fund shall remain at
2 percent for 2020.1 The Board is
publishing this notice as required by
section 7(b)(3)(A)(i) of the Federal
Deposit Insurance Act (12 U.S.C.
1817(b)(3)(A)(i)).
FOR FURTHER INFORMATION CONTACT:
Ashley Mihalik, Chief, Banking and
Regulatory Policy Section, Division of
Insurance and Research, (202) 898–
3793, amihalik@fdic.gov; Robert Grohal,
Chief, Fund Analysis and Pricing
Section, Division of Insurance and
Research, (202) 898–6939; or, Nefretete
Smith, Counsel, Legal Division, (202)
898–6851, nefsmith@fdic.gov.
Federal Deposit Insurance Corporation.
By Order of the Board of Directors.
Dated at Washington, DC, on December 12,
2019.
Annmarie H. Boyd,
Assistant Executive Secretary.
[FR Doc. 2019–27235 Filed 12–17–19; 8:45 am]
BILLING CODE 6714–01–P
khammond on DSKJM1Z7X2PROD with NOTICES
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
The notificants listed below have
applied under the Change in Bank
1 Section 327.4(g) of the FDIC’s regulations sets
forth the DRR. See 12 CFR 327.4(g). There is no
need to amend this provision, because the DRR for
2020 is the same as the current DRR.
VerDate Sep<11>2014
16:40 Dec 17, 2019
Jkt 250001
Control Act (Act) (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
notices are set forth in paragraph 7 of
the Act (12 U.S.C. 1817(j)(7)).
The applications listed below, as well
as other related filings required by the
Board, if any, are available for
immediate inspection at the Federal
Reserve Bank indicated. The
applications will also be available for
inspection at the offices of the Board of
Governors. Interested persons may
express their views in writing on the
standards enumerated in paragraph 7 of
the Act.
Comments regarding each of these
applications must be received at the
Reserve Bank indicated or the offices of
the Board of Governors, Ann E.
Misback, Secretary of the Board, 20th
and Constitution Avenue NW,
Washington DC 20551–0001, not later
than January 1, 2020.
A. Federal Reserve Bank of Kansas
City (Dennis Denney, Assistant Vice
President) 1 Memorial Drive, Kansas
City, Missouri 64198–0001:
1. Trenton Fairbank, Cimarron,
Kansas; to join the Butcher Family
Control Group, and to acquire voting
shares of First National Agency, Inc. and
thereby indirectly acquire voting shares
of First National Bank in Cimarron, both
of Cimarron, Kansas.
B. Federal Reserve Bank of
Minneapolis (Mark A. Rauzi, Vice
President) 90 Hennepin Avenue,
Minneapolis, Minnesota 55480–0291:
1. Karen Neidhardt and Ann Musser,
both of Tampa, Florida, and Jane Farris,
Birmingham, Alabama; to acquire
voting shares of Bozeman Bancorp, Inc.
and thereby indirectly acquire voting
shares of the Bank of Bozeman, both of
Bozeman, Montana.
In addition, the Ann Lenore Musser
Irrevocable Trust, Karen Neidhardt and
Jane Farris, as co-trustees; the Ann
Neidhardt Musser Irrevocable Trust,
Karen Neidhardt, James Jorgenson, and
Jane Farris, as co-trustees; the William
John Musser Irrevocable Trust, Karen
Neidhardt and Jane Farris, as cotrustees; the Sarah Ann Musser
Irrevocable Trust, Karen Neidhardt and
Jane Farris, as co-trustees; the Jane Ellen
Neidhardt Irrevocable Trust, Karen
Neidhardt and Ann Musser, as cotrustees; the Jane Neidhardt Farris
Irrevocable Trust, Karen Neidhardt,
James Jorgenson, and Ann Musser, as
co-trustees; the Luke Jorgenson Farris
Irrevocable Trust, Karen Neidhardt and
Ann Musser, as co-trustees; the George
Leonelli Farris Irrevocable Trust, Karen
Neidhardt and Ann Musser, as co-
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69373
trustees; all of Kenmare, North Dakota;
as members of the Jorgenson Family
Control Group to acquire voting shares
of Bozeman Bancorp, Inc. and thereby
indirectly acquire voting shares of Bank
of Bozeman.
Board of Governors of the Federal Reserve
System, December 12, 2019.
Yao-Chin Chao,
Assistant Secretary of the Board.
[FR Doc. 2019–27187 Filed 12–17–19; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL TRADE COMMISSION
[File No. 192 3093]
Global Data Vault, LLC; Analysis To
Aid Public Comment
Federal Trade Commission.
Proposed consent agreement;
request for comment.
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
complaint and the terms of the consent
order—embodied in the consent
agreement—that would settle these
allegations.
SUMMARY:
Comments must be received on
or before January 17, 2020.
ADDRESSES: Interested parties may file
comments online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write: ‘‘Global Data Vault, LLC;
File No. 192 3093’’ on your comment,
and file your comment online at https://
www.regulations.gov by following the
instructions on the web-based form. If
you prefer to file your comment on
paper, 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:
Megan Cox (202–326–2282), Bureau of
Consumer Protection, Federal Trade
Commission, 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
DATES:
E:\FR\FM\18DEN1.SGM
18DEN1
khammond on DSKJM1Z7X2PROD with NOTICES
69374
Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Notices
hereby given that the above-captioned
consent agreement containing a 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 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
December 3, 2019), on the World Wide
Web, at https://www.ftc.gov/newsevents/commission-actions.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before January 17, 2020. Write ‘‘Global
Data Vault, LLC; File No. 192 3093’’ 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 https://
www.regulations.gov website.
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 through the https://
www.regulations.gov website.
If you prefer to file your comment on
paper, write ‘‘Global Data Vault, LLC;
File No. 192 3093’’ 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.
Because your comment will be placed
on the publicly accessible website at
https://www.regulations.gov, you are
solely responsible for making sure that
your comment does not include any
sensitive or confidential information. In
particular, your comment should not
include any sensitive personal
information, such as your or anyone
else’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, such as medical
records or other individually
VerDate Sep<11>2014
16:40 Dec 17, 2019
Jkt 250001
identifiable health information. In
addition, your comment should not
include any ‘‘trade secret or any
commercial or financial information
which . . . is privileged or
confidential’’—as provided by 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)—
including in particular competitively
sensitive information such as costs,
sales statistics, inventories, formulas,
patterns, devices, manufacturing
processes, or customer names.
Comments containing material for
which confidential treatment is
requested must be filed in paper form,
must be clearly labeled ‘‘Confidential,’’
and must comply with FTC Rule 4.9(c).
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). Your
comment will be kept confidential only
if the General Counsel grants your
request in accordance with the law and
the public interest. Once your comment
has been posted on the public FTC
website—as legally required by FTC
Rule 4.9(b)—we cannot redact or
remove your comment from the FTC
website, unless you submit a
confidentiality request that meets the
requirements for such treatment under
FTC Rule 4.9(c), and the General
Counsel grants that request.
Visit the FTC website 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 January 17, 2020.
For information on the Commission’s
privacy policy, including routine uses
permitted by the Privacy Act, see
https://www.ftc.gov/site-information/
privacy-policy.
Analysis of Proposed Consent Order To
Aid Public Comment
The Federal Trade Commission
(‘‘Commission’’) has accepted, subject to
final approval, an agreement containing
a consent order from Global Data Vault,
LLC (‘‘Global Data Vault’’ or
‘‘Respondent’’).
The proposed consent order
(‘‘proposed order’’) has been placed on
the public record for 30 days for receipt
of comments by interested persons.
Comments received during this period
will become part of the public record.
After 30 days, the Commission will
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
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 Global
Data Vault made concerning its
participation in the Privacy Shield
framework agreed upon by the U.S. and
the European Union (‘‘EU’’). The
Privacy Shield framework allows for the
lawful transfer of personal data from the
EU to participating companies in the
U.S. The framework consists of a set of
principles and related requirements that
have been deemed by the European
Commission as providing ‘‘adequate’’
privacy protection. The principles
include notice; choice; accountability
for onward transfer; security; data
integrity and purpose limitation; access;
and recourse, enforcement, and liability.
The related requirements include, for
example, securing an independent
recourse mechanism to handle any
disputes about how the company
handles information about EU citizens.
To participate in the framework, a
company must comply with the Privacy
Shield principles and self-certify that
compliance to the U.S. Department of
Commerce (‘‘Commerce’’). Commerce
reviews companies’ self-certification
applications and maintains a public
website, https://www.privacyshield.gov/
list, where it posts the names of
companies who have completed the
requirements for certification.
Companies are required to recertify
every year in order to continue
benefitting from Privacy Shield.
Global Data Vault provides data
storage and recovery services.
According to the Commission’s
complaint, Global Data Vault published
on its website, https://
www.globaldatavault.com/
privacypolicy/, a privacy policy
containing statements related to its
participation in Privacy Shield.
However, Global Data Vault allowed its
certification to lapse and continued to
claim it participated in the Privacy
Shield framework.
The Commission’s proposed threecount complaint alleges that
Respondent violated Section 5(a) of the
Federal Trade Commission Act.
Specifically, the proposed complaint
alleges that Respondent engaged in a
deceptive act or practice by falsely
representing that it was a certified
participant in the EU–U.S. Privacy
Shield Framework. The proposed
complaint further alleges that
Respondent engaged in deceptive acts or
practices by representing that it
E:\FR\FM\18DEN1.SGM
18DEN1
Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Notices
complied with the framework when in
fact it had failed to comply with certain
Privacy Shield requirements.
Part I of the proposed order prohibits
the company from making
misrepresentations about its
membership in any privacy or security
program sponsored by the government
or any other self-regulatory or standardsetting organization, including, but not
limited to, the EU–U.S. Privacy Shield
framework, the Swiss-U.S. Privacy
Shield framework, and the APEC CrossBorder Privacy Rules.
Part II of the proposed order requires
that the company affirm to Commerce
that it will either continue to apply the
Privacy Shield framework principles to
any data it received pursuant to
frameworks or will delete or return such
data.
Parts III through VI of the proposed
order are reporting and compliance
provisions. Part III requires
acknowledgement of the order and
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 and mandates that the
company submit an initial compliance
report to the FTC. Part V requires the
company to create certain documents
relating to its compliance with the order
for 10 years and to retain those
documents for a five-year period. Part VI
mandates that the company make
available to the FTC information or
subsequent compliance reports, as
requested.
Part VII is a provision ‘‘sun-setting’’
the order after 20 years, with certain
exceptions.
The purpose of this analysis is to aid
public comment on the proposed order.
It is not intended to constitute an
official interpretation of the complaint
or proposed order, or to modify in any
way the proposed order’s terms.
By direction of the Commission.
April J. Tabor,
Acting Secretary.
[FR Doc. 2019–27234 Filed 12–17–19; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
khammond on DSKJM1Z7X2PROD with NOTICES
[File No. 192 3090]
Click Labs, Inc.; Analysis To Aid Public
Comment
Federal Trade Commission.
Proposed consent agreement;
request for comment.
AGENCY:
ACTION:
The consent agreement in this
matter settles alleged violations of
SUMMARY:
VerDate Sep<11>2014
16:40 Dec 17, 2019
Jkt 250001
federal law prohibiting unfair or
deceptive acts or practices. The attached
Analysis to Aid Public Comment
describes both the allegations in the
complaint and the terms of the consent
order—embodied in the consent
agreement—that would settle these
allegations.
Comments must be received on
or before January 17, 2020.
ADDRESSES: Interested parties may file
comments online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write: ‘‘Click Labs, Inc.; File No.
192 3090’’ on your comment, and file
your comment online at https://
www.regulations.gov by following the
instructions on the web-based form. If
you prefer to file your comment on
paper, 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:
Megan Cox (202–326–2282), Bureau of
Consumer Protection, Federal Trade
Commission, 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
consent agreement containing a 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 December 3, 2019), on
the World Wide Web, at https://
www.ftc.gov/news-events/commissionactions.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before January 17, 2020. Write ‘‘Click
Labs, Inc.; File No. 192 3090’’ 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
DATES:
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
69375
practicable, on the https://
www.regulations.gov website.
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 through the https://
www.regulations.gov website.
If you prefer to file your comment on
paper, write ‘‘Click Labs, Inc.; File No.
192 3090’’ 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.
Because your comment will be placed
on the publicly accessible website at
https://www.regulations.gov, you are
solely responsible for making sure that
your comment does not include any
sensitive or confidential information. In
particular, your comment should not
include any sensitive personal
information, such as your or anyone
else’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, such as medical
records or other individually
identifiable health information. In
addition, your comment should not
include any ‘‘trade secret or any
commercial or financial information
which . . . is privileged or
confidential’’—as provided by 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)—
including in particular competitively
sensitive information such as costs,
sales statistics, inventories, formulas,
patterns, devices, manufacturing
processes, or customer names.
Comments containing material for
which confidential treatment is
requested must be filed in paper form,
must be clearly labeled ‘‘Confidential,’’
and must comply with FTC Rule 4.9(c).
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). Your
E:\FR\FM\18DEN1.SGM
18DEN1
Agencies
[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Notices]
[Pages 69373-69375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27234]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 192 3093]
Global Data Vault, LLC; Analysis To Aid Public Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed consent agreement; request for comment.
-----------------------------------------------------------------------
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 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 January 17, 2020.
ADDRESSES: Interested parties may file comments online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write: ``Global Data Vault,
LLC; File No. 192 3093'' on your comment, and file your comment online
at https://www.regulations.gov by following the instructions on the
web-based form. If you prefer to file your comment on paper, 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: Megan Cox (202-326-2282), Bureau of
Consumer Protection, Federal Trade Commission, 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
[[Page 69374]]
hereby given that the above-captioned consent agreement containing a
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 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 December 3, 2019), on the World Wide Web, at https://www.ftc.gov/news-events/commission-actions.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before January 17,
2020. Write ``Global Data Vault, LLC; File No. 192 3093'' 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 https://www.regulations.gov website.
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 through the https://www.regulations.gov website.
If you prefer to file your comment on paper, write ``Global Data
Vault, LLC; File No. 192 3093'' 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.
Because your comment will be placed on the publicly accessible
website at https://www.regulations.gov, you are solely responsible for
making sure that your comment does not include any sensitive or
confidential information. In particular, your comment should not
include any sensitive personal information, such as your or anyone
else'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, such as
medical records or other individually identifiable health information.
In addition, your comment should not include any ``trade secret or any
commercial or financial information which . . . is privileged or
confidential''--as provided by 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)--including in
particular competitively sensitive information such as costs, sales
statistics, inventories, formulas, patterns, devices, manufacturing
processes, or customer names.
Comments containing material for which confidential treatment is
requested must be filed in paper form, must be clearly labeled
``Confidential,'' and must comply with FTC Rule 4.9(c). 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). Your comment will be kept
confidential only if the General Counsel grants your request in
accordance with the law and the public interest. Once your comment has
been posted on the public FTC website--as legally required by FTC Rule
4.9(b)--we cannot redact or remove your comment from the FTC website,
unless you submit a confidentiality request that meets the requirements
for such treatment under FTC Rule 4.9(c), and the General Counsel
grants that request.
Visit the FTC website 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 January 17, 2020. For information on the
Commission's privacy policy, including routine uses permitted by the
Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.
Analysis of Proposed Consent Order To Aid Public Comment
The Federal Trade Commission (``Commission'') has accepted, subject
to final approval, an agreement containing a consent order from Global
Data Vault, LLC (``Global Data Vault'' or ``Respondent'').
The proposed consent order (``proposed order'') has been placed on
the public record for 30 days for receipt of comments by interested
persons. Comments received during this period will become part of the
public record. After 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 Global Data Vault made concerning its participation in the Privacy
Shield framework agreed upon by the U.S. and the European Union
(``EU''). The Privacy Shield framework allows for the lawful transfer
of personal data from the EU to participating companies in the U.S. The
framework consists of a set of principles and related requirements that
have been deemed by the European Commission as providing ``adequate''
privacy protection. The principles include notice; choice;
accountability for onward transfer; security; data integrity and
purpose limitation; access; and recourse, enforcement, and liability.
The related requirements include, for example, securing an independent
recourse mechanism to handle any disputes about how the company handles
information about EU citizens.
To participate in the framework, a company must comply with the
Privacy Shield principles and self-certify that compliance to the U.S.
Department of Commerce (``Commerce''). Commerce reviews companies'
self-certification applications and maintains a public website, https://www.privacyshield.gov/list, where it posts the names of companies who
have completed the requirements for certification. Companies are
required to recertify every year in order to continue benefitting from
Privacy Shield.
Global Data Vault provides data storage and recovery services.
According to the Commission's complaint, Global Data Vault published on
its website, https://www.globaldatavault.com/privacypolicy/, a privacy
policy containing statements related to its participation in Privacy
Shield. However, Global Data Vault allowed its certification to lapse
and continued to claim it participated in the Privacy Shield framework.
The Commission's proposed three-count complaint alleges that
Respondent violated Section 5(a) of the Federal Trade Commission Act.
Specifically, the proposed complaint alleges that Respondent engaged in
a deceptive act or practice by falsely representing that it was a
certified participant in the EU-U.S. Privacy Shield Framework. The
proposed complaint further alleges that Respondent engaged in deceptive
acts or practices by representing that it
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complied with the framework when in fact it had failed to comply with
certain Privacy Shield requirements.
Part I of the proposed order prohibits the company 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 EU-
U.S. Privacy Shield framework, the Swiss-U.S. Privacy Shield framework,
and the APEC Cross-Border Privacy Rules.
Part II of the proposed order requires that the company affirm to
Commerce that it will either continue to apply the Privacy Shield
framework principles to any data it received pursuant to frameworks or
will delete or return such data.
Parts III through VI of the proposed order are reporting and
compliance provisions. Part III requires acknowledgement of the order
and 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 and
mandates that the company submit an initial compliance report to the
FTC. Part V requires the company to create certain documents relating
to its compliance with the order for 10 years and to retain those
documents for a five-year period. Part VI mandates that the company
make available to the FTC information or subsequent compliance reports,
as requested.
Part VII is a provision ``sun-setting'' the order after 20 years,
with certain exceptions.
The purpose of this analysis is to aid public comment on the
proposed order. It is not intended to constitute an official
interpretation of the complaint or proposed order, or to modify in any
way the proposed order's terms.
By direction of the Commission.
April J. Tabor,
Acting Secretary.
[FR Doc. 2019-27234 Filed 12-17-19; 8:45 am]
BILLING CODE 6750-01-P