Safe Harbor Documents

The documents listed and published below constitute the "safe harbor" privacy framework that the Department of Commerce has negotiated with the European Commission. The safe harbor privacy framework includes the final documents issued by the United States and published in the Federal Register on July 24, 2000 and September 19, 2000, and by the European Commission on July 28, 2000. The safe harbor framework is set forth in a set of seven privacy principles, 15 frequently asked questions and answers (FAQs), the European Commission's adequacy decision, the exchange of letters between the Department and the European Commission, and letters from the Department of Transportation and Federal Trade Commission on their enforcement powers.

FINAL SAFE HARBOR DOCUMENTS

I.  U.S. DOCUMENTS - JULY 21, 2000

A. Cover letter from Acting Under Secretary Robert S. LaRussa to U.S. organizations - July 21, 2000

B. Safe Harbor Privacy Principles
    Annex

C. Frequently Asked Questions (FAQs)

1. Sensitive Data
2. Journalistic Exceptions
3. Secondary Liability
4. Investment Banking and Audits
5. The Role of Data Protection Authorities
6. Self-Certification
7. Verification
8. Access
9. Human Resources
10. Article 17 contracts
11. Dispute Resolution and Enforcement
12. Choice - Timing of Opt-out
13. Travel Information
14. Pharmaceutical and Medical Products
15. Public Record and Publicly Available Information

D. Letter from U.S. Department of Commerce to Commission Services transmitting the Safe Harbor Privacy Principles and FAQs, etc.

E. Safe Harbor Enforcement Overview

F. Department of Commerce Memorandum on Damages for Breaches of Privacy, Legal Authorizations and Mergers and Takeovers in U.S. Law

G. Letter from the Federal Trade Commission concerning its jurisdiction over consumer privacy issues

H. Letter from the Department of Transportation concerning its authority in protecting the privacy of consumers with respect to information provided to airlines

II.  EUROPEAN COMMISSION DOCUMENTS - July 28, 2000

A. Letter from Commission Services transmitting the European Commission's Adequacy Finding

B. European Commission's decision C(2000) 2441 finding the safe harbor to provide adequate protections

C. Text on Non-Discrimination adopted by the Article 31 Committee on May 31, 2000

D. Text on Non-Discrimination adopted by the Article 29 Working Party on February 3, 2000

*Click Here to View Documents and Public Comments Provided Through the Duration of the Safe Harbor Negotiations (From November 1998 Through June 2000)