“Safe Harbor” Program will not remain a Safe Harbor?

Over the summer, EU Justice Commissioner Viviane Reding announced a full review of the Safe Harbor agreement between the European Union and the United States.

Review of Safe Harbor Agreement

EU and U.S. companies routinely rely on the Safe Harbor to export data from the EU to the U.S. but recent development have raised concerns about how safe the Safe Harbor actually is for EU data subjects. Directly mentioning PRISM, and with a knack for playing with words, Ms. Reding said:

“We do have the impression that the Safe Harbor Agreement, might not be so safe, after all.”

FTC more active

And while the U.S. Federal Trade Commission (FTC), which enforces the Safe Harbor agreement in the United States, has recently been more active in actually enforcing the program, including compliance in privacy-related consent decrees by Twitter, Google, Facebook and MySpace, the EU has now decided to conduct its own review of the program.

The review should take place by the end of this year.


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