The Importance Of Safe Harbor Policy

1396 Words 6 Pages

1.1) Formation and need of Safe Harbor Policy.
With the exponential increase in data flow across different countries, there was need to protect privacy of an individual and sensitive data . As a result, on 26 October 1995, in pursuant with Directive 95/46/EC on the protection of an individuals privacy with respect to processing of personal data and on free movement of such data (eg-companies that outsource human resources data or advertise overseas ) sets rules for transfer of personal data from EU Member states to other countries outside EU to the extent such transfers fall within the scope of instrument and adequacy decision .
Further on 26 July 2000 , the commission adopted Decision 520/2000/EC (later known as “Safe
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a) Leak by former NSA contractor Edward Snowden have evident that NSA (PRISM) accessed private and sensitive user data through of internet giants . This implies US kept surveillance on EU citizens data hence resulting in threat to Safe Harbor.
b) Recently, the European Commission in November 2013, released a report on Safe Harbor agreement stating several shortcomings as - lack of transparency of privacy policies of Safe Harbor members , ineffective application of privacy policies by companies in the US, deficient enforcement by the US.
c) European Parliament Member suggested the discontinuation of the Safe Harbor Program due to its poor enforcement, rife with false claims , non compliance and lack of transparency.
d) European Commission (EC) Vice president Viviane Reding on August 2013 , called Safe Harbor “a loophole “ that “may not be safe so far”.
e) In 2008 Galexia published a report named “The US Safe Harbor – Fact or Fiction?” which revealed its relation with Civil Liberties, Justice and Home Affairs (LIBE) with context to surveillance of EU Citizens.
5) Suggestion for
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Though this act has brought crucial changes in privacy policy of an individual companies, as to comply with the Safe harbor Scheme but the modifications to privacy practices has increased protection of personal data thereby decreasing disputes. The enforcement bodies like FTC have made full effort to educate companies about polices, stringent the scheme and increase collaboration among EU data protection panel and US companies. The ADR has made it trusted mechanism by resolving disputes readily and at nominal fees between the two parties. Eradicating the Safe Harbor would do nothing to prevent surveillance by NSA US agencies. Rather removing the program would result in model contracts and binding corporate rules with individual companies which are quite inflexible and difficult to implement on large scale. With these reforms and proper check by regulators and compliance bodies, the Safe Harbor will definitely become more effective in safeguarding citizens commercial privacy

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