March 2125 2011 Brooklyn NY Creating value together with global standards Public Policy Panel March 21 2011 9 am 1045 am Sponsored by 2 Agenda Introduction Elizabeth Board GS1 GO ID: 776491
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GS1 Industry & Standards EventMarch 21-25, 2011 – Brooklyn, NYCreating value together with global standards
Public Policy PanelMarch 21, 20119 a.m. – 10:45 a.m.
Sponsored by
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Agenda
Introduction
Elizabeth Board, GS1 GO
Food Safety: Changes in US Laws and Customs Initiatives
Steve Arens, GS1 US
Using GS1 Standards to Manage Product Safety Requirements
Al
Garton, GS1 US
Privacy Impact Assessments Going Forward in Europe
Andreas Füßler, GS1 Germany
US RFID Legislative Initiatives
Matt McBride, GS1 GO
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Anti-Trust Caution
GS1 and the GSMP operate under the GS1 anti-trust caution. Strict compliance with anti-trust laws is and always has been the policy of GS1.
The best way to avoid problems is to remember that the purpose of the committee is to enhance the ability of all industry members to compete more efficiently.
This means:
There shall be no discussion of prices, allocation of customers, or products, etc.
If any participant believes the group is drifting towards an impermissible discussion, the topic shall be tabled until the opinion of counsel can be obtained.
The full anti-trust caution is available in the Community Room if you would like to read it in its entirety.
Slide4Food Safety: Changes in US Laws and Customs Initiatives
Steve Arens – GS1 US
Slide5U.S. Food Safety Modernization Act
Most expansive changes since 1938 Act
Sweeping new enforcement authority for US Food and Drug Administration (FDA)
Exacting new food import requirements
Major new program activities for FDA
Ambitious schedule for increased inspections
FDA working on specific industry guidance and regulatory documents
FDA required to perform product tracing pilots with produce and processed foods
(details to be determined)
Funding to be determined
Slide6FDA Public Hearings RE Imported Goods
First FDA Public Hearing concerning the Food Safety Modernization Act (FSMA) March 30 and March 31Discussion of FDA's efforts to gather information from regulators in other countries regarding the regulatory policies, practices and programs used to ensure the safety of foods and animal feed imported into their countriesDiscussion of the implementation of the imports provisions found in the Food Safety Modernization ActGS1 US will attend hearings and will provide a recapGS1 US will submit comments to FDA for consideration
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Slide7US Customs Activities
US Customs’ International Trade Data System’s (ITDS) Product Information Committee (PIC) concluded in April 2009 that:
Harmonized Tariff System (HTS) codes provide insufficient information about most products for accurate admissibility assessmentElectronic commerce data used by businesses can be leveraged by governments to create a “smarter”cargo admission process
Slide8Why Use eCommerce Data?
Based on global public voluntary consensus standards
Broadly used by industry sectors
Provides globally unique identification for products in the supply chain
Provides structured, internationally recognized, multilingual product categorization and description
Uses commonly available technology.
Slide9If catalog data indicate low risk product, government can release without inspection; if high-risk, can better plan for inspection efforts
One Concept
Global Catalog
(GDSN)
Product Supplier
Customs Data
Product supplier authoritatively publishes product information
Government downloads published product information from catalog
Government matches GTIN with catalog info and makes admission decision, ideally in advance, using rich global data from catalog
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Importer places the GTIN for the product in the entry record and sends to Customs
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10005143 =Dolls/Soft Toys (Powered); Consumer Lifestage = >3 YEARS & UP; Power Source = BATTERY; Target Gender = FEMALE; Type of Doll/Soft Toy = BABY DOLL
Government Agency Inspection
Importer
GPC = 10005143
GPC DESCRIPTORS
GTIN
=
123456119121
ENTRY #
Line N
GTIN
=
123456119121
Slide10Work Underway
Product Information Committee currently conducting three pilots for high-risk products:
Meat and Poultry Products (Public Health)
Toys (Public Safety)
Cut Floral Products (Environmental Safety)
Pilots will document the business case for using e-commerce data for industry and government
ITDS will report on business case value determined by pilots - final report to be issued in 2011
World Customs Organization following work closely
Slide11Contact Details
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Steve Arens
sarens@gs1us.org
Slide12Using GS1 Standards to Manage Product Safety Requirements
Al Garton – GS1 US
Slide13Using GS1 Standards to Manage Product Safety Requirements
Preliminary work has commenced as a result of GS1 US member inquiries with regards to using GS1 Standards to manage data associated with product safety complianceRetailers asking for data in multiple formatsSuppliers struggling to meet those demandsInquiries by the International Regulator GroupThe need to educate Government Agencies at the international and local level European UnionOrganization for Economic Cooperation & DevelopmentU.S. Government Agencies (CPSC, FDA, USDA, EPA, Dept of Commerce)
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Slide14The U.S. Consumer Product Safety Improvement Act
Legislation includes a broad range of requirementsStrong emphasis on Children’s Products but has expanded to include multiple categories of household products (literally thousands of products)About the U.S. Consumer Product Safety CommissionCharged with protecting the public from unreasonable risks of injury or death from thousands of types of consumer products under the agency's jurisdiction
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Slide15How to Address the Challenge
Need to understand the key issues and where GS1 Standards can be applied effectivelyThe Consumer ElementMobile Commerce Link?Permanent Tracking Labels at the item levelPresents challenges to industryNot our typical supply chain initiative
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Slide16Focus of Current Work
Gain an understanding of the U.S. CPSCOffice of Inter-Governmental Relations and International Programs Consumer Data Base RequirementsCustoms Understanding the new legislationPotential Transatlantic pilot for baby strollersFocus is on a tracking label at the item levelTrade Association CollaborationTA’s have a firm grasp on legislative issues and how they impact the industryRetailer/Supplier collaborationHow is product data information managed?Identify where GS1 Standards are most relevantUse of GDSNGS1 Standards on General Certificates of Conformity
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Slide17Contact Details
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Al Garton
agarton@gs1us.org
Slide18RFID Privacy Impact Assessment Framework
Andreas
Füßler
– GS1 Germany
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Background
2007 Communication on RFID in Europe:
Steps towards a policy framework
Creation by EC of an
RFID Expert Group
:
intensive dialogue, shared experiences, multi-stakeholders’ process, leading to…
May 2009
Recommendation on data protection for RFID applications:
European Standardisation Organisations to develop a common European sign to indicate the presence of readers
Industry to ‘
develop a framework for privacy and data protection impact assessments
’
This ‘
PIA Framework
’ is of great relevance, not least for retailers vis-a-vis deactivation at point of sale
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PIA Roadmap
Jul 09
Mar 10
Jul 10
Dec 10
Feb 11
May 09
EC Commission releases the RFID Recommendation on Privacy
Stakeholders group set up in order to draft PIA Framework. Endorsement of Article 29 WP is required
Industry presents draft to the EC. EC (JLS and INFSO) submit the draft to the
Article 29 WP Technology Subcommittee.
Opinion of Article 29 WP. Industry is asked to make some revisions
Inclusion of Article 29 WP comments and
submission
of final proposal from the Industry
Endorsement of the Article 29 WP
Signing Ceremony organised on 6 April 2011 for Formal
endorsement of the European
Commission
Slide21What is a PIA Framework for RFID Applications?
Designed to help RFID Application Operators uncover the privacy risks associated with an RFID ApplicationIdentifies the objectives of RFID Application PIAs, the components of RFID Applications to be considered during PIAs, the process for conducting a PIA and the common structure and content of RFID Application PIA ReportsServes a common approach to conducting Privacy Impact Assessments on RFID ApplicationsBased on a privacy and data protection risk management approach
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Slide22Content of PIA Framework
Introduction Key concepts Internal procedures PIA ProcessInitial Analysis PhaseRisk Assessment PhaseAnnexesInformation needed in the PIA reportPrivacy targetsPrivacy risks
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Slide23Initial Analysis: Decision Tree on PIA levels
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Slide24Risk Assessment Phase: Characterisation of applications
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Planned RFID Application Design
Step 1: Characterisation of Application
Step 2: Identification of Relevant Risks
Step 3: Identification of Current and Proposed Controls
Step 4: Documentation of Resolution and Residual Risks
Threat Exploitation Likelihood, Impact Magnitude, Control Adequacy
Comprehensive Application Description
List of Risks and Associated Likelihood of Risks
List of Current and Planned Controls
PIA Report
Slide25Next Steps
RFID PIA Framework will take effect 6 months after publication of the opinion of the Article 29 WP : October 2011Living document: Clarification of the RFID PIA Framework and/or guidance on practices may be required based on the practical experience; the Article 29 WP will continue dialogue with industry.RFID PIA Framework and the 2009 Recommendation should ensure a common implementation and interpretation of the data protection rules for RFID applications within the 27 EU Member States – Mutual Recognition Development of industry-based template, sector-based, and/or application-based PIA templates (e.g. retail, logistics, pharmaceutical sectors; SME template)GS1 will develop a template for EPC applications
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Slide26Further information
PIA Framework is accessible at: http://ec.europa.eu/information_society/policy/rfid/index_en.htm
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Slide27Contact Details
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Andreas Fuessler
fuessler@gs1-germany.de
Slide28US RFID
Proposed Legislative
Initiatives
Matt McBride – GS1 GO
Slide29States With Proposed RFID Legislation In 2011
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states in 2011 have introduced RFID legislation11 states in 2009 introduced RFID legislationStates focused on budget issues
2009
2011
Slide30States With Proposed RFID Legislation In 2011
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Recurring StatesNew YorkNew HampshireMassachusettsMostly reintroductions or variations on past legislation; legislators with an interest in RFID.New StatesUtahFloridaBills require deactivation; legislators misinformed on technology.
Slide31States With Proposed RFID Legislation In 2011
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New YorkAll are introductions of bills that failed last year. None have been heard in committee.AB 894 – Requires notice of retail products or packages contain RFID tags; sets injunctions and civil penalties for violationsAB 1032/SB 1821 – Establishes a Privacy Task Force that would report on existing state law, regulations, policies, and practices related to the use of technology, including RFIDAB 1033/SB 1168 - Radio Frequency Right to Know Act, requires retail establishments to label and disclose the use of RFID devices, and deactivation at point of sale.
Slide32States With Proposed RFID Legislation In 2011
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MassachusettsSB 1850 – Act further regulating radio frequency devices in the Commonwealth.As of last week, the bill language has not been reintroduced. Expected to be a re-introduction of legislation that failed last year.
Slide33States With Proposed RFID Legislation In 2011
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New HampshireHB 445 – Prohibits tracking individuals through electronic means.After the hearing, the bill has been retained in committee, to be voted on later in the year.NH 455 – Requires individuals applying for Enhanced Drivers Licenses to sign statement acknowledging that they are understand the RFID technology being used in the license.Retained in committee for action in second year of session.
Slide34States With Proposed RFID Legislation
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UtahHB 224 – Originally introduced to require deactivation of RFID tags, and prohibit surreptitious reading of the tags.Original version of the bill died in committee by a vote of 10 to 1.Bill revised to prohibit implantation of RFID tags without an individual's consent.
Slide35States With Proposed RFID Legislation
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FloridaS. 1164 – Requires deactivation of RFID tags.Bill was not expected to go anywhere, but sponsor managed to get a hearing. Bill passed first committee and must be heard by a second committee in order to pass.Sponsor has agreed to be informed on RFID prior to second committee hearing. GS1 is working with the Florida Retailers Federation and industry stakeholders to provide this education.
Slide36Contact Details
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Matt McBride
matthew.mcbride@gs1.org
Slide37Questions?