[IP] EU Report on Safe Harbor
Begin forwarded message:
From: Joel Reidenberg <reidenberg@xxxxxxxxxxx>
Date: October 23, 2004 3:37:02 PM EDT
To: dave@xxxxxxxxxx
Cc: ip@xxxxxxxxxxxxxx
Subject: EU Report on Safe Harbor
Reply-To: reidenberg@xxxxxxxxxxx
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
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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@xxxxxxxxxxx>
Web page: <http://reidenberg.home.sprynet.com>
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