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Privacy Laws and Business International Report

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Editorial [2000] PLBIRp 44; (2000) 56 Privacy Laws and Business International Report 1

Editorial

This edition has two main themes: the processing of employee data, and model contracts for transborder data flows. The European Commission is drafting its model contract, which could serve as a basis for different sectors to develop their own codes if necessary (p. 3). Another approach is presented in a report by Dr Waltraut Kotschy, Executive Member of the Austrian Data Protection Commission. She argues that data protection rights and obligations can be achieved much more easily by a unilateral civil commitment (p.4).

Privacy aspects of human resources data is an issue in many countries. As the idea of a specific EU directive for this area is moving slowly, national Data Protection Authorities have taken the initiative to adopt codes of practice. In the UK, the Commissioner is currently consulting on the draft code (p.10), and Hong Kong's code of practice will enter into force in April 2001 (p.11). Finland is in the process of legislating in this field (PL&B July '99, pp.3-4), and Ireland has also published some recommendations (p.14).

Several countries have responded to the stimulus of the EU Data Protection Directive. On December 6th, Australia enacted a privacy law covering the private sector (p.2). In Latin America, Argentina, which has had a data protection bill since 1996, has followed Chile's example by legislating. So far, Chile and Argentina are the only Latin American countries with data protection laws (p.8), although others have constitutional provisions or data protection clauses in other laws.

Laura Linkomies, Associate Editor

PRIVACY LAWS & BUSINESS


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