International Safe Harbor Privacy Principles

US-EU Safe Harbor is a streamlined process for US companies to comply with the EU Directive 95/46/EC on the protection of personal data.

Intended for organizations within the EU or US that store customer data, the Safe Harbor Principles are designed to prevent accidental information disclosure or loss. US companies can opt into the program as long as they adhere to the 7 principles and the 15 frequently asked questions and answers (FAQs) outlined in the Directive.

The process was developed by the US Department of Commerce in consultation with the EU.

Background

The European Union has for many years had a formalised system of Privacy legislation, which is regarded as more rigorous than that found in many other areas of the world.

Companies operating in the European Union are not allowed to send personal data to countries outside the European Economic Area unless there is a guarantee that it will receive adequate levels of protection.

Such protection can either be at a country level (if the country's laws are considered to offer equal protection) or at an organizational level (where a multinational organization produces and documents its internal controls on personal data).

The Safe Harbor Privacy Principles allows US companies to register their certification if they meet the European Union requirements.

Principles

These principles must provide:

Certification

After opting in, an organization must re-certify every 12 months. It can either perform a self-assessment to verify that it complies with these principles, or hire a third-party to perform the assessment. There are also requirements for ensuring that appropriate employee training and an effective dispute mechanism are in place.

Enforcement

In a 2011 case, the Federal Trade Commission obtained a consent decree from a California-based online retailer that had sold exclusively to customers in the United Kingdom. Among its many alleged deceptive practices was representing itself as having self-certified under Safe Harbor when in fact it had not. It was barred from doing so in the future.[1]

Criticism and evaluation

The EU-US Safe Harbor has been the subject of significant criticism regarding compliance and enforcement in three external evaluations:

See also

References

  1. "FTC Settlement Bans Online U.S. Electronics Retailer from Deceiving Consumers with Foreign Website Names" (Press release). Washington. Federal Trade Commission. June 9, 2011. Retrieved March 5, 2015.

External links