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U. S. EU “Safe Harbor” Data Privacy Arrangement

Published online by Cambridge University Press:  30 March 2017

Sean D. Murphy
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Abstract

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Type
Contemporary Practice of the United States Relating to International Law
Information
American Journal of International Law , Volume 95 , Issue 1 , January 2001 , pp. 156 - 159
Copyright
Copyright © American Society of International Law 2001

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References

1 See Council Directive 95/46/EC, 1995 O.J. (L 281) 31 <http://europa.eu.int/eur-lex/en/lif/dat/1995/en_395L0046.html.

2 Id., Art. 25. Article 26 allows for derogations from Article 25 in some narrow circumstances, such as when the data subject gives his or her consent, or when transfer is necessary for the fulfillment of contractual obligations, for important public-interest concerns, or for the vital interests of the data subject. Id., Art. 26.

3 For a discussion of the directive and its potential impact on the United States, see Peter P. Swke & Robert E. Lttan, None of Your Business: World Data Flows, Electronic Commerce, and The European Privacy Directive (1998).

4 The European Union (EU) agreed not to disrupt data flows during the negotiations, implementing a “standstill” that would remain in place as long as good faith negotiations continued. See EU States Endorse Negotiations with United States on Data Privacy, 67 Int’l Trade Rep. (BNA) 2252 (Nov. 3, 1998).

5 See Andrews, Edmund L., US.-European Union Talks on Privacy Are Sputtering, N.Y. Times, May 27, 1999, at C6 Google Scholar.

6 See Hargreaves, Deborah, Progress Made in Talks over Data Privacy, FIN. Times, Feb. 23, 2000, at 8 Google Scholar.

7 See Andrews, supra note 5. See also Andrews, Edmund L., European Law Aims to Protect Privacy of Data, N.Y. Times, Oct. 26, 1998, at A1 Google Scholar.

8 See Issuance of Safe Harbor Principles and Transmission to European Commission, 65 Fed. Reg. 45,666, 45,668 (2000) [hereinafter Safe Harbor Principles]. The Safe Harbor Principles, along with many documents related to the agreement, may be found at <http://www.ita.doc.gov/td/ecom/menu.html.

9 FTC action against unfair trade practices is undertaken pursuant to Section 5 of the Federal Trade Commission Act, 15 U.S.C. §§41-58 (1994). Although regulation by other government agencies may be found acceptable for the purposes of “safe harbor,” the only other body currently recognized by the EU is the Department of Transportation, pursuant to its authority under 49 U.S.C. §41712 (1994). See Safe Harbor Principles, supra note 8, at 45,668.

10 Safe Harbor Principles, supra note 8, at 45,667.

11 Id. at 45,667-45,668 (footnote omitted).

12 Commission Decision on the Adequacy of the Protection Provided by the Safe Harbor Privacy Principles and Related Frequently Asked Questions Issued by the US Department of Commerce, Art. 1, 2000 O.J. (L 215) 7.

13 The Web site is <http://www.export.gov/safeharbor/>.

14 See U.S. Dep’t of Commerce Press Release on Commerce Under Secretary LaRussa Announces Implementation of the Safe Harbor: New Commerce Website Enables U.S. Organizations to Sign Up Online (Nov. 1, 2000) <http://www.ita.doc.gov/media/harbor111.htm.