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Editorial [1999] PLBIRp 1; (1999) 47 Privacy Laws and Business International Report 1

Editorial

The requirement of non-EU countries to provide adequate protection for data transfers from EU countries is still an important question in data protection circles. The United States approached the dilemma by releasing its "International Safe Harbour Privacy Principles" last November (p.15). These principles have now been evaluated by the European Union's Data Protection Working Party ("Article 29 Group"). The group's opinion on the principles, published on 26th January, is that they provide a useful approach which may need to be complemented by contractual solutions in certain specific cases. However, the group, which consists of EU Data Protection Commissioners, is of the view that further improvements are needed to the principles. Particular requirements are an efficient complaint handling system, and independent compliance monitoring. With regard to compliance monitoring, the group regards the models being developed by the Better Business Bureau and TRUSTe as promising.

In this issue, we bring you US companies' views on the adequacy debate (pp.16-17), and an evaluation about how to assess adequacy (pp.4-6). The study on assessing adequacy was carried out for the European Union/DGXV. Interestingly, the authors of the study think that the level of detail that is required for assessing adequacy exceeds the level applied in contracts that are currently being developed. Read in this issue also about inter-company agreements (pp.7-8).

The EU Data Protection Directive has had implications also elsewhere. Australia is now preparing federal private sector legislation (pp.12-13), and some Latin American countries are also considering legislation (p.21).

Laura Linkomies, Associate Editor

PRIVACY LAWS & BUSINESS