Slide 1

The EU Data Protection Panel

Workshop - Safe Harbor Framework

Bridging Differences in Approaches to Data Protection

Washington, DC, Dec. 7th, 2005

Rosa Barcelo

European Commission

DG Justice, Liberty and Security

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Overview

Overview

§ The basics of the EU Panel

§ The dynamic of the EU Panel

§ Developments

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The EU Panel: the Basics (I)

§ What is it?

Ø Informal body competent for resolving complaints for alleged infringement of the Safe Harbor

Ø Complaints related to human resources data for alleged infringement of the Safe Harbor must be heard by the panel

Ø For other types of data, harborites may decide that other ADRs will hear the complaints

ü 30% of the harborites import human resources data

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The EU Panel: the Basics (II)

§ Who are the members?

Ø Composed of 7 DPAs. In 2005, the same DPAs confirmed their role as members of the panel (Denmark, Germany, France, Italy, Finland, Ireland, Netherlands, United Kingdom)

Ø The Commission is the Secretariat of the Panel

Ø http://forum.europa.eu.int/Public/irc/secureida/safeharbor/home

§ Financing of the EU Panel:

Ø Harborites using panel must pay an annual fee of 50 USD (recently reduced)

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The Dynamics of the EU Panel (I)

§ Operating procedures:

Ø Notion of «handling authority»

Ø Mostly working at a distance; meetings not excluded but exceptional

Ø Exchange of information through limited-access website

Ø Procedures to ensure the parties’ involvement

Ø Advice is delivered to ensure that the harborites comply with the “safe harbor” principles. It may also include remedies, including financial compensation

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Developments (I)

§ Neither organisations nor individuals have ever referred complaints to the EU panel which has therefore never delivered any advice (Commission’s report on SH Implementation Oct. 2005)

§ Causes:

Ø Lack of general information at European and US levels about the existence of the EU panel

Ø Proposes various initiatives to raise awareness of the existence of the EU panel

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Developments (II)

§Activities towards raising awareness:

Commission has posted on its website:

http://europa.eu.int/comm/justice_home/fsj/privacy/thridcountries/index_en.htm

A document containing basic Information about the Panel

Standard complaint forms translated in all MS languages

Asked DPAs to link to such website

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Thank you for your attention Questions?

Thank you for your attention Questions?

Rosa BARCELO
Data Protection Unit
DG JLS

European Commission

Tel: 00/32/2-2986488

Fax: 00/32/2-2998094

E-mail: rosa.barcelo@cec.eu.int

http://europa.eu.int/comm/justice_home/fsj/privacy/

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