<<< Date Index >>>     <<< Thread Index >>>

[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


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

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>

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


-------------------------------------
You are subscribed as roessler@xxxxxxxxxxxxxxxxxx
To manage your subscription, go to
 http://v2.listbox.com/member/?listname=ip

Archives at: http://www.interesting-people.org/archives/interesting-people/