[Federal Register: April 6, 2004 (Volume 69, Number 66)]
[Notices]
[Page 18082-18083]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap04-112]
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FEDERAL TRADE COMMISSION
Children's Online Privacy Protection Safe Harbor Proposed Self-
Regulatory Guidelines; Privo, Inc. Application
AGENCY: Federal Trade Commission.
ACTION: Notice announcing submission of proposed ``safe harbor''
guidelines and requesting public comment.
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SUMMARY: The Federal Trade Commission publishes this notice and request
for public comment concerning proposed self-regulatory guidelines
submitted by Privo, Inc. (``Privo'') under the safe harbor provision of
the Children's Online Privacy Protection Rule, 16 CFR 312.10.
DATES: Comments must be received by May 7, 2004.
ADDRESSES: Interested parties are invited to submit written comments.
Comments should refer to ``Privo Safe Harbor Proposal, Project No.
P044506'' to facilitate the organization of comments. A comment filed
in paper form should include this reference both in the text and on the
envelope, and should be mailed or delivered to the following address:
Federal Trade Commission/Office of the Secretary, Room 159-H (Annex F),
600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments containing
confidential material must be filed in paper form, as explained in the
SUPPLEMENTARY INFORMATION section. The Commission is requesting that
any comment filed in paper form be sent by courier or overnight
service, if possible, because U.S. postal mail in the Washington area
and at the Commission is subject to delay due to heightened security
precautions. Comments filed in electronic form (except comments
containing any confidential material) should be sent, as prescribed in
the SUPPLEMENTARY INFORMATION section, to the following e-mail box:
privosafeharbor@ftc.gov.
The FTC Act and other laws the Commission administers permit the
collection of public comments to consider and use in this proceeding as
appropriate. All timely and responsive public comments, whether filed
in paper or electronic form, will be considered by the Commission, and
will be available to the public on the FTC Web site, to the extent
practicable, at http://www.ftc.gov/privacy/safeharbor/shp.htm. As a matter of
discretion, the FTC makes every effort to remove home contact
information for individuals from the public comments it receives before
placing those comments on the FTC website. More information, including
routine uses permitted by the Privacy Act, may be found in the FTC's
privacy policy, at http://www.ftc.gov/ftc/privacy.htm.
FOR FURTHER INFORMATION CONTACT: Rona Kelner, (202) 326-2752, or
Elizabeth Delaney, (202) 326-2903, Division of Advertising Practices,
Bureau of Consumer Protection, Federal Trade Commission, 601 New Jersey
Avenue, NW., Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
Section A. Background
On October 20, 1999, the Commission issued its final Rule \1\
pursuant to the Children's Online Privacy Protection Act, 15 U.S.C.
6501, et seq. The Rule requires certain website operators to post
privacy policies, provide notice, and obtain parental consent prior to
collecting, using or disseminating personal information from children.
The Rule contains a ``safe harbor'' provision
[[Page 18083]]
enabling industry groups or others to submit to the Commission for
approval self-regulatory guidelines that would implement the Rule's
protections.\2\
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\1\ 64 FR 59888 (1999).
\2\ See 16 CFR 312.10; 64 FR at 59906-59908, 59915.
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Pursuant to Sec. 312.10 of the Rule, Privo has submitted proposed
self-regulatory guidelines to the Commission for approval. The full
text of the proposed guidelines is available on the Commission's Web
site, http://www.ftc.gov/privacy/safeharbor/shp.htm.
Section B. Questions on the Proposed Guidelines
The Commission is seeking comment on various aspects of the
proposed guidelines, and is particularly interested in receiving
comment on the questions that follow. These questions are designed to
assist the public and should not be construed as a limitation on the
issues on which public comment may be submitted. Responses to these
questions should cite the numbers and subsection of the questions being
answered. For all comments submitted, please provide any relevant data,
statistics, or any other evidence, upon which those comments are based.
1. Please provide comment on any or all of the provisions in the
proposed guidelines. For each provision commented on please describe
(a) the impact of the provision(s) (including any benefits and costs),
if any, and (b) what alternatives, if any, Privo should consider, as
well as the costs and benefits of those alternatives.
2. Do the provisions of the proposed guidelines governing
operators' information practices provide ``the same or greater
protections for children'' as those contained in Sec. Sec. 312.2-312.8
of the Rule? \3\ Where possible, please cite the relevant sections of
both the Rule and the proposed guidelines.
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\3\ See 16 CFR 312.10(b)(1); 64 FR at 59915.
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3. Are the mechanisms used to assess operators' compliance with the
guidelines effective? \4\ If not, please describe (a) how the proposed
guidelines could be modified to satisfy the Rule's requirements, and
(b) the costs and benefits of those modifications.
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\4\ See 16 CFR 312.10(b)(2); 64 FR at 59915.
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4. Are the incentives for operators' compliance with the guidelines
effective? \5\ If not, please describe (a) how the proposed guidelines
could be modified to satisfy the Rule's requirements, and (b) the costs
and benefits of those modifications.
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\5\ See 16 CFR 312.10(b)(3); 64 FR at 59915.
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5. Do the guidelines provide adequate means for resolving consumer
complaints? If not, please describe (a) how the proposed guidelines
could be modified to resolve consumer complaints adequately, and (b)
the costs and benefits of those modifications.
Section C. Invitation To Comment
All persons are hereby given notice of the opportunity to submit
written data, views, facts, and arguments addressing the proposed self-
regulatory guidelines. The Commission invites written comments to
assist it in ascertaining the facts necessary to reach a determination
as to whether to approve the proposed guidelines. Written comments must
be submitted on or before Mary 7, 2004. Comments should refer to
``Privo Safe Harbor Proposal, Project No. P044506'' to facilitate the
organization of comments. A comment filed in paper form should include
this reference both in the text and on the envelope, and should be
mailed or delivered to the following address: Federal Trade Commission/
Office of the Secretary, Room 159-H (Annex F, 600 Pennsylvania Avenue,
NW., Washington, DC 20580. If the comment contains any material for
which confidential treatment is requested, it must be filed in paper
(rather than electronic) form, and the first page of the document must
be clearly labeled ``Confidential.'' \6\ The FTC is requesting that any
comment filed in paper form be sent by courier or overnight service, if
possible, because U.S. postal mail in the Washington Area and at the
Commission is subject to delay due to heightened security precautions.
Comments filed in electronic form (except comments containing any
confidential material) should be sent to the following email box:
privosafeharbor@ftc.gov.
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\6\ Commission Rule 4.2(d), 16 CFR 4.2(d). The comment must be
accompanies by an explicit request for confidential treatment,
including the factual and legal basis for the request, and must
identify the specific portions of the comment to be withheld from
the public record. The request will be granted or denied by the
Commission's General Counsel, consistent with applicable law and
public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c).
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The FTC Act and other laws the Commission administers permit the
collection of public comments to consider and use in this proceeding as
appropriate. All timely and responsive public comments, whether filed
in paper or electronic form, will be considered by the Commission, and
will be available to the public on the FTC Web site, to the extent
practicable, at http://www.ftc.gov/privacy/safeharbor/shp.htm. As a matter of
discretion, the FTC makes every effort to remove home contact
information for individuals from the public comments it receives before
placing those comments on the FTC Web site. More information, including
routine uses permitted by the Privacy Act, may be found in the FTC's
privacy policy, at http://www.ftc.gov/ftc/privacy.htm.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 04-7788 Filed 4-5-04; 8:45 am]
BILLING CODE 6750-01-M