DRAFT - April 30, 1999

Frequently Asked Questions (FAQs)

Headhunters, Investment Banking and Audits

Q: Some business activities necesarily involve processing personal data without the knowledge of the individual, for example, the activities of headhunters, investment bankers, and auditors. Is this permitted by the safe harbor principles?

A: Yes. As is the case with the Directive itself, the safe harbor does not create unqualified requirements to seek the consent of the individual, to inform individuals that their data is being processed, or to give individuals access to their data. Exceptions are permitted, for example, where the public interest requires or when processing is necessary for legitimate interests pursued by the organization or third parties to whom data are disclosed, except to the extent where the individual's privacy rights override such interests. The activities of headhunters, investment bankers, and auditors are legitimate interests.