Safe Harbor Documents

The documents listed and published below constitute the "safe harbor" privacy framework that the Department of Commerce has negotiated with the European Commission. The safe harbor privacy framework includes the final documents issued by the United States and published in the Federal Register on July 24, 2000 and September 19, 2000, and by the European Commission on July 28, 2000.

The safe harbor framework is set forth in a set of seven privacy principles, 15 frequently asked questions and answers (FAQs), the European Commission's adequacy decision, the exchange of letters between the Department and the European Commission, and letters from the Department of Transportation and Federal Trade Commission on their enforcement powers.

I. U.S. DOCUMENTS - JULY 21, 2000

A. Cover letter from Acting Under Secretary Robert S. LaRussa to U.S. organizations - July 21, 2000

B. Safe Harbor Privacy Principles

C. Frequently Asked Questions (FAQs)

D. Letter from U.S. Department of Commerce to Commission Services transmitting the Safe Harbor Privacy Principles and FAQs, etc.

E. Safe Harbor Enforcement Overview

F. Department of Commerce Memorandum on Damages for Breaches of Privacy, Legal Authorizations and Mergers and Takeovers in U.S. Law

G. Letter from the Federal Trade Commission concerning its jurisdiction over consumer privacy issues

H. Letter from the Department of Transportation concerning its authority in protecting the privacy of consumers with respect to information provided to airlines

II. EUROPEAN COMMISSION DOCUMENTS - July 28, 2000

A. Letter from Commission Services transmitting the European Commission's Adequacy Finding

B. European Commission's decision C(2000) 2441 finding the safe harbor to provide adequate protections

C. Text on Non-Discrimination adopted by the Article 31 Committee on May 31, 2000

D. Text on Non-Discrimination adopted by the Article 29 Working Party on February 3, 2000

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Model Contract Information

On January 19, 2001, the European Commission released its draft of model contract provisions to be used by U.S. organizations as an alternative to compliance with the EU Directive on Data Protection.

February 16 Joint Commerce/Treasury Letter to the European Commission

DOC Staff Comments

Upon review of the January 19th Draft, the Department of Commerce transmitted staff comments on the model contract provisions to the European Commission.

March 23 Joint Treasury/Commerce Letter to the European Commission

On June 15, 2001 the European Commission approved its draft of the model contract provisions:

European Commission Version of Model Contract Clauses (approved by Commission June 15, 2001)

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Archives

Documents and public comments provided through the duration of the Safe Harbor negotiations can be accessed in our Historic Documents section.