Germany Calling for End to “Safe Harbor” for US Companies Protecting Customer Data
Tuesday, August 24th, 2010Germany’s Schleswig-Holstein Data Protection and Privacy Commissioner Thilo Weichert has issued a call to end so-called data handling “safe harbor” for US companies doing business with European customers. In 2000, the European Commission agreed to recognize the US Department of Commerce “safe Harbor” principles, essentially allowing US companies to self-certify that they exercise good practices to protect the information about their European customers.
Safe harbor compliance entails:
1. Notice: An organization must inform individuals about the data processing and about possibilities to file inquiries or complaints;
2. Choice: An organization must provide a general opportunity for individuals to choose to object (opt out) and must ask for consent (opt in) for processing of sensitive data;
3. Onward Transfer: Disclosure of information is only permitted if the recipient adheres to the notice and choice principle;
4. Security: Protection of data from loss, misuse and unauthorized access, disclosure, alteration and destruction;
5. Data Integrity: Observance of purpose limitation of data;
6. Access: Right to access personal information hold by an organization about the individual concerned;
7. Enforcement: Mechanisms for assuring effective compliance and data subjects rights.
Weichert’s statement is based on research by privacy research Chris Connolly who has done research showing that of 2,170 US companies that claim to be safe harbor compliant, many were in fact not. 940 out of the 2170 US companies do not provide information on how to enforce individuals’ rights. Strangely, 388 of these companies were not even registered with the Department of Commerce!
