[Federal Register Volume 68, Number 121 (Tuesday, June 24, 2003)]
[Notices]
[Pages 37491-37494]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 03-15910]
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FEDERAL TRADE COMMISSION
Privacy Act Notice
AGENCY: Federal Trade Commission (FTC).
ACTION: Proposed notice of Privacy Act system amendments.
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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 July 24, 2003. Unless
revisions are made, this system notice shall become final and effective
August 8, 2003.
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,
http://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(c), 16 CFR 4.9(c). 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
[[Page 37492]]
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
[[Page 37493]]
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
[[Page 37494]]
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.
[FR Doc. 03-15910 Filed 6-23-03; 8:45 am]
BILLING CODE 6750-01-P