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The U.S.-E.U. Safe The U.S.-E.U. Safe
Harbor Harbor Framework Framework
Cross Border Data Flows, Data Cross Border Data Flows, Data
Protection, and PrivacyProtection, and Privacy
Damon GreerSafe Harbor ProgramOctober 15, 2007
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Different Approaches to Data Privacy Different Approaches to Data Privacy Why it Why it mattersmatters
• European Union’s Data Protection Directive creates a barrier for those countries, including the U.S., that do not meet the EU’s “adequacy” requirements for data protection.
• U.S. Department of Commerce and European Commission negotiated the SAFE HARBOR to provide U.S. companies with a simple, streamlined means of complying with the adequacy requirement.
• Trans-Atlantic Trade in 2006 reached $630 billion
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Adequacy via the Safe HarborAdequacy via the Safe Harbor
• Safe Harbor registration is a voluntary representation to European business partners and European citizens that U.S. companies will comply with the Safe Harbor framework. Administered by the DOC, enforced in the United States
by the FTC and DOT
• Currently nearly 1,300 U.S. organizations, including multinationals and SMEs.
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7 Safe Harbor Principles (SHFIPPs)7 Safe Harbor Principles (SHFIPPs)
• NOTICENOTICE
• CHOICECHOICE
• SECURITYSECURITY
• ONWARD TRANSFERONWARD TRANSFER
• DATA INTEGRITYDATA INTEGRITY
• ACCESSACCESS
• ENFORCEMENTENFORCEMENT
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Where to Find Safe Harbor InformationWhere to Find Safe Harbor Information
• http://export.gov/safeharbor/ website includes:
Safe Harbor List Safe Harbor Workbook Compliance Checklist/Helpful Hints Safe Harbor Documents (including
principles, FAQ’s, correspondence, etc.) Historical documents (including public
comments)
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ComplianceCompliance & Enforcement& Enforcement
• U.S. culture of customer service is highly effective in addressing customer complaints/concerns, perhaps more than comprehensive legislation.
• Independent recourse mechanisms are required to notify DoC of a company’s failure to comply with the Safe Harbor principles, and FTC has authority to take action.
• Results: No referrals and no complaints filed with the EU DPAs. TRUSTe, BBB, DMA, and others report internal complaints
resolved!
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Other Options for Meeting the EU Directive’s Other Options for Meeting the EU Directive’s RequirementsRequirements
• Joining Safe Harbor is not the only means of meeting the EU Directive’s requirements
• Other alternatives include:
“Unambiguous” consent Necessary to perform contract Codes of Conduct Model Contract Clauses Direct compliance/registration with EU Authorities
http://ec.europa.eu/justice_home/fsj/privacy/index_en.htm
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Since 2000, we’ve built credibility and Since 2000, we’ve built credibility and confidence in Safe Harbor in the E.U.confidence in Safe Harbor in the E.U.
• In November 2000, there were 6 Safe Harbor companies;
• Today, we are approaching 1,300 organizations spanning industries from consumer goods to aviation;
• Average 35 new members per month;
• EU view SH as a “Best Practice” and Gold Standard for data protection.
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Moving Forward Moving Forward — The Challenge Continues— The Challenge Continues
• Expanded dialogue with the European Commission; Conference on International Transfers of Personal Data, Brussels, October 2006
• More needs to be done by EU to harmonize Data Directive; educate data subjects; we raised this specific issue in Brussels in bilateral negotiations last fall
• Increased Emphasis by Industry on Harmonizing Approval Process for Binding Corporate Rules
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Safe Harbor Program MembershipSafe Harbor Program Membership2000 – Oct. 20072000 – Oct. 2007
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109
154143
204211
244
223
0
50
100
150
200
250
300
2000 2001 2002 2003 2004 2005 2006 2007
HR
Non-HR
Total
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Safe Harbor Program – Top 20 IndustriesSafe Harbor Program – Top 20 Industries
19
19
22
24
26
28
30
41
50
50
57
58
62
65
71
87
125
209
218
279
0 50 100 150 200 250 300
General Science & Technology - (GST)
Insurance Services - (INS)
General Consumer Goods - (GCG)
Electronic Components - (ELC)
Biotechnology - (BTC)
Medical Equipment - (MED)
Computer & Peripherals - (CPT)
Health Care Services - (HCS)
Financial Services - (FNS)
Travel & Tourism Services - (TRA)
Telecommunications Services - (TES)
Drugs & Pharmaceuticals - (DRG)
Advertising Services - (ADV)
Education & Training - (EDS)
Employment Services - (EMP)
Management Consulting Services - (MCS)
General Services - (GSV)
Computer Software - (CSF)
Computer Services - (CSV)
Information Services - (INF)
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For additional information or questionsFor additional information or questions
Contact me at:
Damon C. GreerU.S. Department of CommerceHCHB 20031401 Constitution Avenue, N.W.Washington, D. C. 20230Telephone: (202) 482-5023; Fax: (202) 482-5522Email: [email protected]
