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No Fireworks Expected Over EU Privacy Plan
By Elizabeth de Bony
BRUSSELS – Transatlantic fireworks over data privacy standards will not
erupt later this month, since only a handful of the 15 European Union
member states will have introduced the European privacy directive in time
for the Oct. 25 deadline for implementation, said an EU official Friday.
The official, who asked not to be named, indicated that the delay in
implementation is one way to defuse transatlantic tension regarding the
directive. "This is part of the solution," said the official.
The apparent willingness of the U.S. administration to set up an
independent body to hear consumer complaints about violations of their
rights provides another reason for the improved atmosphere surrounding the
dialogue in this field, another official explained.
U.S. officials were unavailable to confirm this position.
On Oct. 25 the European Union's data privacy directive, the root of the
transatlantic debate, theoretically takes effect with the aim of
introducing high standards of data privacy to ensure the free flow of data
throughout the 15 EU member countries. The standards give the individual
the right to review the personal data, correct it and limit its use.
But the directive also requires the EU countries to block transmission of
data to third countries, notably the U.S., if their domestic legislation
does not provide a similar level of protection. Lack of consumer redress
in the case of violations in the U.S. has been the major obstacle for
recognizing the U.S. as complying with these standards.
However to date only Greece, Italy and Finland have implemented the
directive, and although several more will meet the Oct. 25 deadline, it is
already clear that Austria, the U.K., France, Ireland and Luxembourg will
not introduce national rules for another couple of months, one official
explained.
"Thus the risk that data flows to the U.S. will stop is much less serious
than anticipated," explained the official.
Nevertheless when the Commission experts meet with national experts on
this issue on Monday, Oct. 19, they will indicate that it might be in the
interests of trans-Atlantic harmony for EU member states that have
implemented the directive to avoid obstructing data flows to the U.S.
But the Commission cannot tell the member states not to implement
legislation.
"Instead, we will raise this issue, and point out that the directive
should be implemented in its entirety – in this way stressing that the
legislation also provides for solutions to potential conflicts with third
countries," the official said.
Provisions in the directive stipulate that when a third country does not
respect levels of protection similar to those provided by the EU,
individuals and companies can conclude data privacy contracts with
entities in the third country stipulating that EU-compatible standards
will apply.
-o-
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Received on Fri Oct 16 19:07:04 1998