Is The Safe Harbor Becoming Unsafe?

November 1, 2013

By Eric Vaughn-Flam Esq.

For companies doing global commerce these days, it is becoming increasingly difficult to keep up with international privacy standards. This could have severe consequences.

Back in the year 2000, the U.S. Department of Commerce and the European Commission established a "Safe Harbor" framework by which U.S. companies could comply with European regulations on data transfers. 
This agreement however has been under increasing fire, largely criticized for permitting rampant violations to occur without penalty. The FTC Commissioner, Julie Brill, has admitted receiving a list of 400 companies falsifying certifying compliance, yet maintains the FTC vigorously enforces its provisions. The recent revelations of the U.S. National Security Agency PRISM have thrown gasoline on the fire concerning outrage of wholesale data release.

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"Is The Safe Harbor Becoming Unsafe?" Eric Vaughn-Flam Esq., General Counsel, The Internationalist. The Internationalist. Number 66, 2013.