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Commerce and International Privacy Activities: Recent Safe Harbor Developments

The shortcomings of the Safe Harbor Framework have come to the attention of some data protection authorities in Europe. In April 2010, the Düsseldorfer Kreis, a working group comprised of the 16 German federal state data protection authorities with authority over the private sector, adopted a resolution applicable to those who export data from Germany to US organizations that self-certified compliance with the Safe Harbor Framework. The resolution tells German data exporters that they must verify whether a self-certified data importer in the US complies with the Safe Harbor requirements.

Commerce and International Privacy Activities: APEC

The Asia Pacific Economic Cooperation (APEC) is a grouping of 21 member economies in the Asia Pacific Region, including Russia, China, and the United States. APEC was established in 1989 to facilitate economic growth, cooperation, trade, and investment in the region.

The Asia-Pacific Economic Cooperation (APEC) is a forum for 21 member economies in the Asia Pacific region. APEC includes Russia, China, and the United States as members. APEC adopted a Privacy Framework in 2004. The APEC Privacy Framework is largely viewed as an attempt to create a different international privacy regime as an alternative to the European Union’s Data Protection Directive. Whether APEC will succeed in influencing international privacy developments in a meaningful way remains to be seen.

Public Comments: August 2010 – WPF files comments on deeply flawed SEC plan

The World Privacy Forum filed comments today criticizing the SEC proposed regulations that would release an unprecedented amount of financial details about individual borrowers through the EDGAR database. The WPF was joined by other privacy, consumer, and human rights organizations in its comments, which focused on the privacy issues with the proposed regulations. Pam Dixon, executive director of the WPF, stated in the comments that the SEC’s new regulations would “Place on the public record and online the largest amount of personal financial information about borrowers ever disclosed, including information never before made public.” The comments also note that the SEC’s plan greatly increases the risk of identity theft for individual borrowers whose information will be released publicly.

Public Comments: May 2010 – WPF comments on possible changes to HIPAA privacy rule; requests more patient access to audit logs

The World Privacy Forum filed comments with the US Department of Health and Human Services today in response to its Request for Information about possible changes to the HIPAA health privacy rule. WPF strongly supported patients’ current right to request a history of disclosures of their medical files, and requested an expansion of this right. WPF noted in its comments to HHS that “An individual cannot fully protect his/her privacy interest in a health record (and most other records) unless he/she has a right of access to the record, the right to propose a correction, and the right to see who has used the record and to whom it has been disclosed. Each of these elements is essential.”