From: "ama-gi ISPI" <offshore@email.msn.com> Subject: IP: ISPI Clips 5.68: No Data Flow Disruption Between EU & US--at Least for Now Date: Tue, 27 Oct 1998 02:33:46 -0800 To: <Undisclosed.Recipients@majordomo.pobox.com> ISPI Clips 5.68: No Data Flow Disruption Between EU & US--at Least for Now. News & Info from the Institute for the Study of Privacy Issues (ISPI) Tuesday October 27, 1998 ISPI4Privacy@ama-gi.com ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ This From: CNET News.com, October 25, 1998 http://www.news.com European privacy deadline nears http://www.news.com/News/Item/0,4,27920,00.html By Tim Clark Staff Writer, CNET News.com The European Union will not disrupt the flow of data between Europe and the United States, even though strict new privacy protections took effect in Europe yesterday, a key Commerce Department official said today. The new European Union privacy directive prohibits sending personal data to nations whose privacy protections aren't as vigorous as in the 15-country bloc, but Commerce undersecretary David Aaron said today that the Europeans have agreed to open formal negotiations on how U.S. firms can comply with it. U.S. diplomats have been discussing the issue with the European Commission for six months, in talks described as discussions rather than as negotiations. "We believe we can reach a resolution, and we think it is imperative that we do so promptly," Aaron said, naming December 15 as a target to close the matter. "The U.S. premise is that the United States has effective privacy protection but that the approach here is different than in Europe," he said. "We will seek an arrangement that provides a workable framework on both sides of Atlantic, where data will be secured and disruption of transatlantic data flows will be avoided." The EU's privacy directive, if enforced, could prevent database marketing firms, Web sites, U.S. firms with European employees, and credit card companies from sending personal data back to the United States. That's because the privacy directive bars export of data to nations whose protection of personal data is not certified to be as strong as Europe's. The issue remains a sticking point despite earlier hints from the White House that the problem would be settled by now. Months of discussions have led U.S. officials to hope that the private sector-led approach favored by the Clinton administration can be reconciled with strict privacy laws in many European nations. The United States is proposing a concept dubbed "safe harbor:" In the absence of U.S. privacy legislation, American firms could voluntarily adhere to a set of privacy practices such as those from TRUSTe http://www.truste.org/ ], the business-backed U.S. privacy group pushing voluntary privacy guidelines on the Internet. The U.S. and the European Union will negotiate as to the content of privacy guidelines that would be considered acceptable protections to allow U.S. firms to send personal data on individuals from Europe to the United States. "If companies did that, privacy protections would be considered 'adequate,' and there would be a presumption that data would be able to flow," the U.S. official said. TRUSTe executive director Susan Scott has spoken favorably in recent weeks about the safe harbor concept, and she outlined the idea to the Europeans earlier this year. But privacy law advocate Marc Rotenberg, executive director of the Electronic Privacy Information Center, isn't sure the safe harbor concept will fly. "The U.S. had been saying there was going to be some big agreement, but there isn't one," said Rotenberg, who favors strong U.S. privacy laws. "So there is still a question as to whether U.S. firms will be blocked by the EU directive." Copyright © 1995-98 CNET, Inc. --------------------------------NOTICE:------------------------------ ISPI Clips are news & opinion articles on privacy issues from all points of view; they are clipped from local, national and international newspapers, journals and magazines, etc. Inclusion as an ISPI Clip does not necessarily reflect an endorsement of the content or opinion by ISPI. In compliance with Title 17 U.S.C. section 107, this material is distributed free without profit or payment for non-profit research and educational purposes only. --------------------------------------------------------------------------- ISPI Clips is a FREE e-mail service from the "Institute for the Study of Privacy Issues" (ISPI). To receive "ISPI Clips" on a regular bases (up to 3 - 8 clips per day) send the following message "Please enter [Your Name] into the ISPI Clips list: [Your e-mail address]" to: ISPIClips@ama-gi.com . The Institute for the Study of Privacy Issues (ISPI) is a small contributor-funded organization based in Victoria, British Columbia (Canada). ISPI operates on a not-for-profit basis, accepts no government funding and takes a global perspective. ISPI's mandate is to conduct & promote interdisciplinary research into electronic, personal and financial privacy with a view toward helping ordinary people understand the degree of privacy they have with respect to government, industry and each other and to likewise inform them about techniques to enhance their privacy. But, none of this can be accomplished without your kind and generous financial support. If you are concerned about the erosion of your privacy in general, won't you please help us continue this important work by becoming an "ISPI Supporter" or by taking out an institute Membership? We gratefully accept all contributions: Less than $60 ISPI Supporter $60 - $99 Primary ISPI Membership (1 year) $100 - $300 Senior ISPI Membership (2 years) More than $300 Executive Council Membership (life) Your ISPI "membership" contribution entitles you to receive "The ISPI Privacy Reporter" (our bi-monthly 12 page hard-copy newsletter in multi-contributor format) for the duration of your membership. For a contribution form with postal instructions please send the following message "ISPI Contribution Form" to ISPI4Privacy@ama-gi.com . We maintain a strict privacy policy. Any information you divulge to ISPI is kept in strict confidence. It will not be sold, lent or given away to any third party. **************************************************** To subscribe or unsubscribe, email: majordomo@majordomo.pobox.com with the message: (un)subscribe ignition-point email@address or (un)subscribe ignition-point-digest email@address **************************************************** www.telepath.com/believer ****************************************************