Proposed Information Collection Activity; Generic for ACF Program Monitoring Activities (New Collection), 41241-41242 [2020-14789]
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Federal Register / Vol. 85, No. 132 / Thursday, July 9, 2020 / Notices
remedies include monetary restitution
and rescission of contracts. In an
administrative settlement, the
Commission can obtain the full range of
these remedies, since it is forgoing
further litigation in federal court.
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FTC’s Administrative Complaint and
Proposed Settlement With NTT
I have long been concerned with the
FTC’s Privacy Shield enforcement
strategy, which overwhelmingly targets
small businesses, some of whom may
have made inadvertent mistakes. But
these mistakes were still violations of
law, and most of these orders did not
involve violations of substantive
protections of the Privacy Shield
framework, so I have supported quick
settlements with these small businesses
given our limited resources. However,
the FTC encountered a very different
situation with a major data center
company.
In November 2019, the Commission
charged NTT Global Data Centers
Americas (NTT), a major data center
company controlled by Nippon
Telephone & Telegraph formerly known
as RagingWire, with failing to live up to
its promises under the EU–U.S. Privacy
Shield Framework. The Commission
alleged that the company
misrepresented its Privacy Shield
participation and failed to meet certain
obligations when it was a participant,
including one of the core pillars:
providing users with the ability to file
complaints and disputes about their
personal data. An administrative
proceeding commenced, and NTT
denied most of the Commission’s
allegations.3
The Commission now proposes to end
the administrative litigation through a
no-money, no-fault settlement that does
not include any of the additional
remedies available under the FTC Act
for ‘‘dishonest’’ conduct. I believe the
proposed settlement should be
renegotiated, given that the additional
evidence gathered suggests that the
company’s conduct was dishonest.
It is clear that the company’s
misrepresentations about Privacy Shield
were not limited to a reference in its
privacy policy. Most importantly, there
was clear evidence of reliance on NTT’s
representations regarding its privacy
refund of money or return of property, the payment
of damages, and public notification[.]’’
3 Answer and Affirmative Defenses of Respondent
RagingWire Data Centers, LLC, NTT Global Data
Centers Americas, Inc., Docket No. 9386 (Nov. 25,
2019), https://www.ftc.gov/system/files/documents/
cases/d09386_nov_25-r_answer_and_affirmative_
defensepublic596761.pdf. In its answer, the
company denied that it disseminated sales
materials touting its participation in Privacy Shield.
Answer ¶¶ 20–21.
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protocols as a prerequisite for
purchasing. Take the example of a
customer of NTT, DreamHost, which
offers web hosting services. DreamHost
clearly values privacy. It carefully vets
its partners to ensure compliance with
the EU’s General Data Protection
Regulation. DreamHost specifically
checks to see whether a prospective
partner is a Privacy Shield participant.
If not, DreamHost must take other steps
to ensure that it meets its data
protection obligations. The evidence in
the record suggests that DreamHost is
locked into a five-year contract that will
not expire until 2022.4 Making matters
worse, [non-public information
redacted]. In other words, NTT’s
deception and dishonesty appears to
have generated sales from customers
who were seeking to protect customer
privacy. This distorted the market, as
NTT’s competitors likely lost sales due
to the alleged deception.
The proposed settlement does nothing
for companies that put a premium on
privacy, like DreamHost. A more
appropriate settlement would include
redress for customers, forfeiture of the
company’s gains from any deceptive
sales practices, or a specific admission
of liability that would allow its
customers to pursue claims in private
litigation. Perhaps most importantly,
NTT customers that entered into longterm contracts should be free to
renegotiate or terminate these
agreements if they were finalized during
the period when NTT was engaged in
the alleged deceptive conduct.
Companies like DreamHost should not
be locked into long-term contracts with
NTT, given the evidence of dishonest
conduct. Contract remedies would allow
customers to switch to NTT’s lawabiding Privacy Shield-compliant
competitors, who may have lost
business due to the deception. Even if
the Commission sought one or more of
these remedies and NTT subsequently
declined to agree, it would have been
more prudent to resume the
administrative litigation,5 at an
appropriate time.6
4 See Declaration of Christopher Ghazarian, NTT
Global Data Centers Americas, Inc., Docket No.
9386 (Dec. 20, 2019).
5 As noted earlier, if the Commission entered a
final cease-and-desist order at the conclusion of
litigation, I believe this could trigger civil penalties,
pursuant to Section 5(m)(1)(B) of the FTC Act, for
other companies with knowledge of the order that
do not fulfill their obligations under the EU–U.S.
Privacy Shield Framework or other privacy or
security programs sponsored by the government or
a standard-setting organization. In addition, there is
a paucity of litigated FTC cases in the data
protection arena, which hampers development of
the law.
6 While I have great faith that our staff would be
able to successfully renegotiate the existing no-
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41241
For these reasons, I respectfully
dissent.
[FR Doc. 2020–14782 Filed 7–8–20; 8:45 am]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Proposed Information Collection
Activity; Generic for ACF Program
Monitoring Activities (New Collection)
Office of Planning, Research,
and Evaluation, Administration for
Children and Families, HHS.
ACTION: Request for public comment.
AGENCY:
The Administration for
Children and Families (ACF) intends to
request approval from the Office of
Management and Budget (OMB) for a
new generic clearance for information
collections related to ACF program
office monitoring activities. ACF
programs promote the economic and
social well-being of families, children,
individuals, and communities. The
proposed Generic for ACF Program
Monitoring Activities would allow ACF
program offices to collect standardized
information from recipients that receive
federal funds to ensure oversight,
evaluation, support purposes, and
stewardship of federal funds.
DATES: Comments due within 60 days of
publication. In compliance with the
requirements of Section 3506(c)(2)(A) of
the Paperwork Reduction Act of 1995,
ACF is soliciting public comment on the
specific aspects of the information
collection described above.
ADDRESSES: Copies of the proposed
collection of information can be
obtained and comments may be
forwarded by emailing
OPREinfocollection@acf.hhs.gov.
Alternatively, copies can also be
obtained by writing to the
Administration for Children and
Families, Office of Planning, Research,
and Evaluation, 330 C Street SW,
Washington, DC 20201, Attn: OPRE
Reports Clearance Officer. All requests,
emailed or written should be identified
by the title of the information collection.
SUPPLEMENTARY INFORMATION:
Description: Program monitoring is a
post-award process through which ACF
assesses a recipient’s programmatic
SUMMARY:
money, no-fault settlement, I would be willing to
continue the administrative proceeding at some
time in the future. The Commission has voted to
issue a number of orders to pause administrative
proceedings, given the safety and logistical
concerns associated with the current pandemic.
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Federal Register / Vol. 85, No. 132 / Thursday, July 9, 2020 / Notices
performance and business management
performance. Monitoring activities are
necessary to ensure timely action by
ACF to support grantees and protect
federal interests.
Program offices would use
information collected under this generic
clearance to monitor funding recipient
activities and to provide support or take
appropriate action, as needed. The
information gathered will be used
primarily for internal purposes, but
aggregate data may be included in
public materials such as Reports to
Congress or program office documents.
Following standard OMB requirements,
ACF will submit a request for each
individual data collection activity under
this generic clearance. Each request will
include the individual form(s) or
instrument(s), a justification specific to
the individual information collection,
and any supplementary documents.
OMB is requested to review requests
within 10 days of submission.
Respondents: ACF funding recipients.
BURDEN ESTIMATES
Instrument
Total
number of
respondents
Total
number of
responses per
respondent
Average
burden hour
per response
Total
burden hours
Program Monitoring Forms ..............................................................................
1500
3
10
45,000
Comments: The Department
specifically requests comments 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) the quality, utility,
and clarity of the information to be
collected; and (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. Consideration will be given
to comments and suggestions submitted
within 60 days of this publication.
Mary B. Jones,
ACF/OPRE Certifying Officer.
[FR Doc. 2020–14789 Filed 7–8–20; 8:45 am]
BILLING CODE 4184–79–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Health Resources and Services
Administration
Meeting of the Advisory Committee on
Heritable Disorders in Newborns and
Children
Health Resources and Services
Administration (HRSA), Department of
Health and Human Services (HHS).
ACTION: Notice.
AGENCY:
In accordance with the
Federal Advisory Committee Act,
section 1111(g) of the Public Health
Service Act, this notice announces that
the Advisory Committee on Heritable
Disorders in Newborns and Children
(ACHDNC or Committee) has scheduled
a public meeting. Information about the
ACHDNC and the agenda for this
meeting can be found on the ACHDNC
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SUMMARY:
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16:40 Jul 08, 2020
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website at https://www.hrsa.gov/
advisory-committees/heritabledisorders/.
DATES: Thursday, August 6, 2020, from
10:00 a.m. to 3:00 p.m. Eastern Time
(ET) and Friday, August 7, 2020, from
10:00 a.m. to 3:00 p.m. ET.
ADDRESSES: This meeting will be held
via webinar. While this meeting is open
to the public, advance registration is
required. Please visit the ACHDNC
website for information on registration:
https://www.hrsa.gov/advisorycommittees/heritable-disorders/
index.html. The deadline for online
registration is 12:00 p.m. ET on August
6, 2020. Instructions on how to access
the meeting via webcast will be
provided upon registration.
FOR FURTHER INFORMATION CONTACT:
Alaina Harris, Maternal and Child
Health Bureau, HRSA, 5600 Fishers
Lane, Room 18W66, Rockville,
Maryland 20857; 301–443–0721; or
ACHDNC@hrsa.gov.
SUPPLEMENTARY INFORMATION: ACHDNC
provides advice and recommendations
to the Secretary of HHS (Secretary) on
the development of newborn screening
activities, technologies, policies,
guidelines, and programs for effectively
reducing morbidity and mortality in
newborns and children having, or at risk
for, heritable disorders. ACHDNC’s
recommendations regarding inclusion of
additional conditions for screening,
following adoption by the Secretary, are
evidence-informed preventive health
services provided for in the
comprehensive guidelines supported by
HRSA through the Recommended
Uniform Screening Panel (RUSP)
pursuant to section 2713 of the Public
Health Service Act (42 U.S.C. 300gg–
13). Under this provision, nongrandfathered group health plans and
health insurance issuers offering group
or individual health insurance are
required to provide insurance coverage
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without cost-sharing (a co-payment, coinsurance, or deductible) for preventive
services for plan years (i.e., policy years)
beginning on or after the date that is one
year from the Secretary’s adoption of the
condition for screening.
During the August 6–7, 2020, meeting,
ACHDNC will hear from experts in the
fields of public health, medicine,
heritable disorders, rare disorders, and
newborn screening. Agenda items will
include updates on the Committee’s
evidence review process. There will be
no Committee votes on recommending
new conditions for the RUSP. Agenda
items are subject to changes as priorities
dictate. Refer to the ACHDNC website
for any updated information concerning
the meeting. Information about the
ACHDNC, a roster of members, as well
as past meeting summaries, are also
available on the ACHDNC website.
Members of the public will have the
opportunity to provide comments.
Public participants may submit written
statements in advance of the scheduled
meeting. Oral comments will be
honored in the order they are requested
and may be limited as time allows.
Requests to provide a written statement
or make oral comments to the ACHDNC
must be submitted via the registration
website by Monday, August 3, 2020, by
12:00 p.m. ET.
Individuals who need special
assistance or another reasonable
accommodation should notify Alaina
Harris at the address and phone number
listed above at least 10 business days
prior to the meeting.
Maria G. Button,
Director, Executive Secretariat.
[FR Doc. 2020–14813 Filed 7–8–20; 8:45 am]
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Agencies
[Federal Register Volume 85, Number 132 (Thursday, July 9, 2020)]
[Notices]
[Pages 41241-41242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14789]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Proposed Information Collection Activity; Generic for ACF Program
Monitoring Activities (New Collection)
AGENCY: Office of Planning, Research, and Evaluation, Administration
for Children and Families, HHS.
ACTION: Request for public comment.
-----------------------------------------------------------------------
SUMMARY: The Administration for Children and Families (ACF) intends to
request approval from the Office of Management and Budget (OMB) for a
new generic clearance for information collections related to ACF
program office monitoring activities. ACF programs promote the economic
and social well-being of families, children, individuals, and
communities. The proposed Generic for ACF Program Monitoring Activities
would allow ACF program offices to collect standardized information
from recipients that receive federal funds to ensure oversight,
evaluation, support purposes, and stewardship of federal funds.
DATES: Comments due within 60 days of publication. In compliance with
the requirements of Section 3506(c)(2)(A) of the Paperwork Reduction
Act of 1995, ACF is soliciting public comment on the specific aspects
of the information collection described above.
ADDRESSES: Copies of the proposed collection of information can be
obtained and comments may be forwarded by emailing
[email protected]. Alternatively, copies can also be
obtained by writing to the Administration for Children and Families,
Office of Planning, Research, and Evaluation, 330 C Street SW,
Washington, DC 20201, Attn: OPRE Reports Clearance Officer. All
requests, emailed or written should be identified by the title of the
information collection.
SUPPLEMENTARY INFORMATION:
Description: Program monitoring is a post-award process through
which ACF assesses a recipient's programmatic
[[Page 41242]]
performance and business management performance. Monitoring activities
are necessary to ensure timely action by ACF to support grantees and
protect federal interests.
Program offices would use information collected under this generic
clearance to monitor funding recipient activities and to provide
support or take appropriate action, as needed. The information gathered
will be used primarily for internal purposes, but aggregate data may be
included in public materials such as Reports to Congress or program
office documents. Following standard OMB requirements, ACF will submit
a request for each individual data collection activity under this
generic clearance. Each request will include the individual form(s) or
instrument(s), a justification specific to the individual information
collection, and any supplementary documents. OMB is requested to review
requests within 10 days of submission.
Respondents: ACF funding recipients.
Burden Estimates
----------------------------------------------------------------------------------------------------------------
Total number of Average burden
Instrument Total number of responses per hour per Total burden
respondents respondent response hours
----------------------------------------------------------------------------------------------------------------
Program Monitoring Forms.................... 1500 3 10 45,000
----------------------------------------------------------------------------------------------------------------
Comments: The Department specifically requests comments 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) the quality, utility, and clarity of the information
to be collected; and (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.
Consideration will be given to comments and suggestions submitted
within 60 days of this publication.
Mary B. Jones,
ACF/OPRE Certifying Officer.
[FR Doc. 2020-14789 Filed 7-8-20; 8:45 am]
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