[Ecommerce] FYI: European Commission Working Document on Safe Harbor

[Manon Ress]

The European Commission has issued a report on the implementation of the
privacy Safe Harbor agreement with the United States:
http://europa.eu.int/comm/internal_market/en/dataprot/news/02-196_en.pdf

The report is partly based on the US Department of Commerce's list of
183 organizations that  have notified the DOC that they adhere to the
safe harbor framework developed by the DOC and the European Commission.
http://web.ita.doc.gov/safeharbor/shlist.nsf/webPages/safe+harbor+list

The European commission notes: 
[QUOTE]
· Individuals are able to lodge complaints if they believe their rights
are been denied, but few have done so and to the Commission’s knowledge,
no complaint so far remains unresolved.

· A substantial number of organisations that have self-certified
adherence to the Safe Harbour do not seem to be observing the expected
degree of transparency as regards their overall commitment or as regards
the contents of their privacy policies. Transparency is a vital feature
in self-regulatory systems and it is necessary that organisations
improve their practices in this regard.

· A wide array of sanctions to enforce Safe Harbour rules exist under
dispute resolution mechanisms. But not all dispute resolution mechanisms
have indicated publicly their intention to enforce Safe Harbour rules
and not all have in place privacy practices applicable to themselves
that are in conformity with the Principles, as required by Safe Harbour
rules. Enforcement is a key element in the Safe Harbour framework and it
is therefore necessary that Safe Harbour organisations use only dispute
resolution mechanisms that fully conform to Safe
Harbour requirements.

[SNIP]
Other stakeholders including consumers and business may find this
working document useful in order to make their own assessment of the
application of the “Safe Harbor” arrangement. We would welcome such
assessments which would also be a useful contribution to the
Commission’s evaluation of the Safe Harbor arrangement planned for 2003.
[END of QUOTE]



-- 
Manon Anne Ress
mress@essential.org, voice: 1.202.387.8030