And now we come to the real sticking point. It actually isn’t specific to the Safe Harbor Framework. Access to data by law enforcement and intelligence assets is outside the Safe Harbor Framework. This is also the case in the EU. The proposed General Data Protection Regulation does NOT include law enforcement and intelligence activities. In some ways, this section of the “13 Recommendations” is the least connected to the Framework, as it really focuses on a country’s rights to manage its own national security and law enforcement activities. Unfortunately, this will be where the most difficulty will be in implementation – mostly because it is not directly part of the Framework, but a policy stance on national security, which has never been a part of the basis for the need Safe Harbor fulfills.
Continue Reading Access By US Authorities – The REAL Reason Safe Harbor is at Risk

The next set of recommendations seeks to improve how the individual can directly seek resolution to a potential violation of their privacy rights.

5.         The privacy policies on companies websites should include a link to the alternative dispute resolution (ADR) provider and/or EU panel.

Many companies who participate in the safe harbor framework already comply

The first set of recommendations in the Commission’s memo addresses a series of perceived deficiencies in how a Safe Harbor participating company makes its privacy practices available to the public at large.

1.         Self-certified companies should publicly disclose their privacy policies.

This is a foundational requirement for any Trustmark providing certification services around the US-EU

Much has been written recently regarding the European commission’s latest report on the sufficiency of the US – EU safe harbor agreement. For the most part, the commentary seems to be focused on the impending doomof the Safe Harbor Framework. While there are a number of references to the “13 recommendations” to “save” safe harbor, further investigation into what those recommendations will actually require is limited. Consequently, the difficulty of implementing these “13 recommendations” really hasn’t been evaluated. While the lucky “13” may seem to be a lot, the more important question is: “how hard will it be to implement these recommendations?”
Continue Reading US-EU Safe Harbor Agreement at Risk? The Sky Isn’t Falling Yet Chicken Little