[Billing Code: 6750-01P]
FEDERAL TRADE COMMISSION
Privacy Act Notice
AGENCY: Federal Trade Commission
(FTC).
ACTION: Proposed notice
of Privacy Act system amendments.
SUMMARY: The FTC is establishing
a Privacy Act system of records that will include telephone
numbers and other information of individuals who do not wish
to receive telemarketing calls from telemarketers, sellers
or agents covered by the FTC's Telemarketing Sales Rule. This
notice proposes amendments that describe how the system will
apply to personal information, if any, collected from or compiled
on telemarketers, sellers, or their agents in order to access
the system.
DATES: Comments, if any,
must be received [insert date that is 30 days following the
date of publication of this document in the Federal
Register]. Unless revisions are made, this system
notice shall become final and effective [insert date that
is 45 days following the date of publication of this document
in the Federal Register].
ADDRESSES: Mail comments,
if any, to the Office of the Secretary, Federal Trade Commission,
600 Pennsylvania Avenue, NW, Washington, DC 20580, "Telemarketing
Rulemaking--Comment, FTC File No. R411011." Please indicate
that your comment pertains to "Privacy Act System Amendments,
National Do Not Call Registry-FTC." (Alternatively, you may
submit your comment by electronic mail to TSR-PA@ftc.gov,
except as provided below.) The Commission will make this notice
and, to the extent possible, all papers and comments received
in electronic form in response to this notice available to
the public through its Web site, www.ftc.gov.
If your comment includes information that you believe is confidential,
you must send it to the above postal address, not by e-mail,
and you must include a specific request for confidential treatment
that states the legal or factual basis for your claim and
identifies the information you believe is confidential. See
Commission Rule 4.9©), 16 CFR 4.9©). The Commission's
General Counsel will grant or deny your request based on applicable
law, regulation, and the public interest. Id.
FOR FURTHER INFORMATION CONTACT:
For information about this Privacy Act notice, contact
Alex Tang, Attorney, Office of the General Counsel, FTC, 600
Pennsylvania Avenue, NW, Washington, DC 20580, (202) 326-2447,
atang@ftc.gov.
For information about the National Do Not Call Registry, contact
David Torok, Attorney, Division of Marketing Practices, Bureau
of Consumer Protection, Federal Trade Commission, 600 Pennsylvania
Avenue, NW, Washington, DC 20580, (202) 326-3075, dtorok@ftc.gov.
SUPPLEMENTARY INFORMATION:
Elsewhere in today's Federal Register, pursuant
to the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the
Commission is publishing in final form its system notice for
a new agency system of records, the "National Do Not Call
Registry System-FTC" (FTC-IV-3).
The new system will collect and maintain
the telephone numbers of individuals who do not wish to receive
telemarketing calls from telemarketers, sellers, and agents,
pursuant to the Commission's Telemarketing Sales Rule, 16
CFR Part 310, as amended. See 68 FR 4580 (Jan.
29, 2003) (final Rule amendments). The system is intended
to help the FTC implement and enforce the do-not-call provisions
of the Rule.
The Privacy Act notice that the FTC is
publishing for this system addresses the privacy of information
that is submitted by or generated on individuals who choose
to place their telephone numbers in the system so as not to
receive telemarketing calls. Telemarketers, sellers, and their
agents will be separately required, however, to provide certain
information to establish a payment account before they may
access the National Do Not Call Registry to check their do-not-call
lists against the list of telephone numbers maintained in
the Registry at that time, as the Rule requires.
The information they submit may include,
for example, the name of a contact person, that person's telephone
number and e-mail address, a credit card or bank account number
that, in certain cases, may be assigned to an individual,
etc. See 68 FR 16238, 16244 (Apr. 3, 2003) (revised
user fee proposal). This information may also be associated
with and retrieved by other information that the system may
automatically generate when the telemarketer, seller, or agent
accesses the system, such as the date and time of access,
or the area code(s) or group(s) of telephone numbers that
the telemarketer, seller, or agent downloads from the system.
Although the information submitted by,
or that the system otherwise compiles on, telemarketers, sellers,
and their agents may include information about, or could be
otherwise associated with, certain individuals, as described
above, the information pertains to such individuals only in
a non-personal capacity (e.g., as employees, company officials,
etc.) acting or designated to act on behalf of a telemarketer,
seller, or agent. In the Commission's view, the information
does not pertain to such individuals within the meaning of
the Privacy Act, but instead pertains to the telemarketer,
seller, or agent that was required to submit the information
in order to pay for and obtain authorized access to the system.
Nonetheless, to the extent, if any, the
Privacy Act applies to this information, the Commission proposes
to amend its Privacy Act notice to address the collection,
maintenance and use of personal information, if any, compiled
from telemarketers, sellers, or agents when they pay for and
access the Registry. The proposed amendments are incorporated
into the text of the notice below.
Privacy Impact Assessment.
Section 208 of the E-Government Act of 2002, Pub. L.
No. 107-347, generally requires that agencies assess the privacy
impact of collecting personally identifiable information online
before initiating such a collection activity or developing
or procuring the technology to do so. Section 208 did not
take effect until after the Commission initiated and legally
adopted the Rule amendments that established the National
Do Not Call Registry, and after the Commission started developing
and procuring the technology for accepting do-not-call registrations
online. Nevertheless, we have assessed the privacy impact
of the system as discussed below. (The Commission's Chief
Information Officer or other designated official has reviewed
this assessment.)
1. What information will we be collecting?
See "Categories of records" below.
2. Why are we collecting this information?
See "Purpose(s)," "Routine Uses," and "Disclosure to Consumer
Reporting Agencies" below.
3. How do we intend to use the information?
See "Purpose(s)," "Routine Uses," and "Disclosure to Consumer
Reporting Agencies" below.
4. With whom will we share the information?
See "Purpose(s)," "Routine Uses," and "Disclosure to Consumer
Reporting Agencies" below.
5. What notice or opportunities for
consent will individuals have about what information we collect
and how we share it? This notice explains what information
we collect from telemarketers, sellers, and their agents,
and how we share it.
6. How will the information be secured?
See "Safeguards" below. The Web site through which telemarketers,
sellers, and agents will be required to submit information
to establish a payment account will use secure socket layer
(SSL) encryption. Once they have submitted the required information,
telemarketers, sellers, and agents will be assigned account
numbers or other identifiers in order to obtain subsequent
access to the system.
7. Does this create a system of records
subject to the Privacy Act of 1974, as amended? As explained
above, the information to be collected from telemarketers,
sellers, and their agents pertains to them, and not to any
individual whose name or other personal identifier may be
submitted as part of such information. Therefore, the Commission
does not believe the Privacy Act applies to the collection,
maintenance or use of the information. Nonetheless, the Commission
has proposed to amend its Privacy Act system notice, as set
forth below, to the extent, if any, that the Act applies to
that information.
FTC-IV-3
System Name: National Do
Not Call Registry System-FTC (FTC-IV-3)
Security Classification:
Not applicable.
System Location: Federal
Trade Commission, 600 Pennsylvania Avenue, NW, Washington,
DC 20580. System records may be maintained, in whole or part,
off-site by contractors.
Categories of individuals covered
by the system: Individuals who notify the Commission
that they do not wish to receive telemarketing calls. Individuals
whose names or other identifiers (e.g., e-mail addresses)
are included in the information that telemarketers, sellers,
or their agents must submit to pay for and obtain access to
the system are covered by this system only to the extent,
if any, that the Privacy Act applies to that information.
Categories of records in the system:
Telephone numbers of individuals who do not wish to receive
telemarketing calls; information automatically generated by
the system, including date and/or time that the telephone
number was placed on or removed from the Registry; and other
information that the individual may be asked to provide voluntarily
(such as e-mail address, if the individual registers through
the National Do Not Call Registry Web site). Telemarketers,
sellers, and their agents are separately required to submit
information to pay for and obtain authorized access to the
system, including the names of, or other identifiers that
may be associated with, individuals (e.g., name of contact
person, name of the person to whom the credit card is issued,
e-mail address, etc.). Such information is not part of this
system except to the extent, if any, that the Privacy Act
applies to the agency's collection, maintenance and retrieval
of the information.
Authority for maintenance of the
system: Federal Trade Commission Act, 15 U.S.C. 41
et seq., Telemarketing and Consumer Fraud and Abuse Prevention
Act, 15 U.S.C. 6101-6108; Do-Not-Call Implementation Act,
Pub. L. No. 108-10 (2003).
Purpose(s): To maintain
records of the telephone numbers of individuals who do not
wish to receive telemarketing calls; to disclose such records
to telemarketers, sellers, and their agents in order for them
to reconcile their do-not-call lists with the Registry and
comply with the do-not-call provisions of the Commission's
Telemarketing Sales Rule, 16 CFR Part 310; to enable the Commission
and other law enforcement officials to determine whether a
company is complying with the Rule; to provide statistical
data that may lead to or be incorporated into law enforcement
investigations and litigation; or for other law enforcement,
regulatory or informational purposes. Information submitted
by or compiled on telemarketers, sellers, and their agents
is used for purposes of fee collection, authorizing their
access to the system, and related purposes and uses as described
in this notice.
Routine uses of records:
Records from this system may be disclosed as permitted by
5 U.S.C. 552a(b), and, as authorized by 5 U.S.C. 552a(b)(3),
in accordance with the routine uses announced by the Commission
in Appendix I of its system notice applicable to all other
agency Privacy Act systems of records (57 FR 45678), as may
be revised and updated from time to time. Additional routine
uses for records in this system are as follows, provided that
no routine use specified either herein or in Appendix I shall
be construed to limit or waive any other routine use published
for this system:
-
- a. Telephone numbers, but not any e-mail
addresses, submitted by individuals may be made available
or referred on an automatic or other basis to telemarketers,
sellers, and their agents for the purpose of determining
or verifying that an individual does not wish to receive
telemarketing calls;
-
- b. Records may be made available or referred
on an automatic or other basis to other federal, state,
or local government authorities for regulatory, compliance,
or law enforcement purposes.
-
-
- c. Information submitted by or compiled
on telemarketers, sellers, and their agents may be used
as described in paragraph b. above, and, to the extent not
covered by that paragraph, for payment or billing purposes,
including referral to debt collection agencies or other
governmental entities for collection, tax reporting, or
other related purposes, consistent with the Privacy Act.
Information that is submitted by or compiled on telemarketers,
sellers, and their agents and that is incorporated into
the PAY.GOV system shall also be subject to routine uses,
if any, that may be separately published for that system.
Disclosure to consumer reporting
agencies: Not applicable, except for information
submitted by or otherwise compiled on telemarketers, sellers,
and their agents, which may be disclosed as described above.
Policies and practices for storing,
retrieving, accessing, retaining, and disposing of records
in the system:
Storage: Stored in a computer
database maintained on magnetic disks and tape, or other electronic
systems determined by the Commission in consultation with
staff or contractors.
Retrievability: Indexed
by area code and phone number of individuals who have informed
the Commission that they do not wish to receive telemarketing
calls. May also be retrieved by other data, if any, compiled
or otherwise maintained with the record. For information submitted
by or compiled on telemarketers, sellers, or their agents,
records may be indexed and retrieved by any category of data
that is submitted by or compiled on such telemarketers, sellers,
or agents.
Safeguards: Access to computerized
records by electronic security precautions. Access generally
restricted to those agency personnel and contractors whose
responsibilities require access, or to approved telemarketers,
sellers, and their agents. (See also "Purposes" and "Routine
Uses" above to learn how information may be used or disclosed.)
Retention and disposal:
Automated information retained indefinitely, until deleted
pursuant to request by the subject individual, or deleted
automatically after certain period of time, to be determined
by the Commission.
System manager and address:
National Do Not Call Registry Program Manager, Division of
Marketing Practices, Bureau of Consumer Protection, Federal
Trade Commission, 600 Pennsylvania Avenue, NW, Washington,
DC 20580.
Notification procedure:
To obtain notification of whether the system contains a record
pertaining to that individual (i.e., the individual's telephone
number), individuals may be required to use a dial-in system
or a designated Web site that will enable the identification
and verification of their telephone numbers. Individuals filing
written requests pursuant to 16 CFR 4.13 will be acknowledged
and directed to use those automated systems.
To the extent, if any, that the Privacy
Act applies to information submitted by or compiled on telemarketers,
sellers, or their agents, the system provides notice (i.e.,
confirms) that the system is maintaining such information
when an individual accesses the system using the account number
that was previously assigned to the telemarketer, seller,
or agent at the time that entity originally entered information
into the system to establish the relevant account.
Record access procedures:
See notification procedures above. To request access to any
information maintained with your registration that is not
available to you through the automated dial-in system or the
designated Web site, you must submit your request in writing
under the Commission's Rules to: "Privacy Act Request, Office
of the General Counsel, Federal Trade Commission, 600 Pennsylvania
Avenue NW, Washington, DC 20580." See 16 CFR 4.13.
The same access procedure applies to the extent, if any, that
the Privacy Act applies to information submitted by or compiled
on telemarketers, sellers, or their agents, where that information
is not made available for review or amendments when the telemarketer,
seller, or agent accesses the system.
Contesting record procedures:
See notification procedures above. Where an individual believes
the system has erroneously recorded or omitted information
that is collected and maintained by the system, the individual
will be afforded the opportunity to register, change, or delete
that information after the automated system identifies and
verifies the telephone number from which the individual is
calling, or provides other requested identifying information
if the individual is using the designated Web site. To contest
the accuracy of any other information maintained on you that
is not accessible to you through the automated dial-in system
or Web site, you must submit your request in writing under
the Commission's Rules to: "Privacy Act Request, Office of
the General Counsel, Federal Trade Commission, 600 Pennsylvania
Avenue NW, Washington, DC 20580." See Commission
Rule 4.13, 16 CFR 4.13.
To the extent, if any, that the Privacy
Act applies to information submitted by or compiled on telemarketers,
sellers, or their agents, individuals are required to send
any request to amend or correct records pertaining to them,
if any, to the General Counsel at the above address. See
Commission Rule 4.13, 16 CFR 4.13.
Record source categories:
Individuals who inform the Commission through the procedures
established by the Commission that they do not wish to receive
telemarketing calls. Some records may come from do-not-call
lists that some states or organizations separately maintain.
Record sources for this system may also include telemarketers,
sellers, and agents, but only to the extent, if any, that
the Privacy Act applies to such information.
Exemptions claimed for the system:
None.
By direction of the Commission.
Donald S. Clark
Secretary
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