EU Report on Safe Harbor

[David Farber <dave () farber net>]

Begin forwarded message:

From: Joel Reidenberg <reidenberg () sprynet com>
Date: October 23, 2004 3:37:02 PM EDT
To: dave () farber net
Cc: ip () v2 listbox com
Subject: EU Report on Safe Harbor
Reply-To: reidenberg () sprynet com

The European Commission has just released a “Staff Working Document”  
that reports on the implementation of the EU Data Privacy Directive’s  
Safe Harbor Agreement with the United States. This report was based on  
a soon-to-be released comprehensive study conducted for the Commission  
by an international team of researchers (Yves Poullet, Jan Dhont, Maria  
Veronica Perez Asinary from the Centre de Recherches Informatique et  
Droit at the University of Namur, Belgium, Lee Bygrave at the  
University of Oslo, Norway and myself). While both our study and the  
Commission’s staff paper found significant levels of non-compliance  
with the Safe Harbor by self-certified companies, the Commission has  
taken a conciliatory approach and not called for the termination of the  
Safe Harbor Agreement. (Staff Report at:  
http://europa.eu.int/comm/internal_market/privacy/docs/adequacy/sec 
-2004-1323_en.pdf. Safe Harbor Agreement Implementation Study to be  
released at:  
http://europa.eu.int/comm/internal_market/privacy/index_en.htm.)

In going forward, many Safe Harbor companies will need to make  
significant improvements in the substance of their privacy policies to  
meet safe harbor standards and will need to make their privacy policies  
publicly available.

Regards,

Joel


Of possible interest:

Privacy Wrongs in Search of Remedies , 54 HASTINGS L. J. 877 (2003)
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=434585

States and Internet Enforcement, 1 Univ. of Ottawa J. L. & Tech. 213  
(2004)
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=487965


********************************************

Joel R. Reidenberg
Professor of Law
Fordham University School of Law
140 West 62nd Street
New York, NY 10023
Tel: 212-636-6843
Fax: 212-636-6899

Email: <reidenberg () sprynet com>
Web page: <http://reidenberg.home.sprynet.com>

********************************************


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