Commission of the European Communities, Staff Working Paper, SEC(2002) 196

Commission Staff Working Paper, The application of Commission Decision 520/2000/EC of 26 July 2000 pursuant to Directive 95/46 of the European Parliament and of the Council on the adequate protection of personal data provided by the Safe Harbour Privacy Principles and related Frequently Asked Questions issued by the US Department of Commerce


From the Staff Working Paper:

Exercising the powers conferred on it by Article 25(6) of Directive 95/46/EC, the Commission adopted on 26 July 2000, Decision 520/2000/EC1 recognising the Safe Harbour international privacy principles, issued by the US Department of Commerce, as providing adequate protection for the purposes of personal data transfers from the EU. This Decision was subject to prior scrutiny by the European Parliament, in accordance with Council Decision 1999/468. The Parliament’s resolution, adopted on 5 July 2000, called on the Commission ‘to ensure that the operation of the safe harbour system is closely monitored….and to make periodic reports to the working party provided for in Article 29 and the Committee provided for in Article 31 of Directive 95/46/EC, as well as to the relevant committee of the European Parliament.’ In remarks to the Parliament’s Committee for Citizens Rights and Freedoms, Commissioner Bolkestein said that the Commission would prepare such a report before the end of 2001. The present Commission services working document responds to that undertaking.

The Commission’s Decision requires the Commission to make an evaluation of the Decision’s implementation after 3 years. This working document does not replace or anticipate that evaluation. Nor is it intended to substitute the role of any of the enforcement bodies involved in the Safe Harbour arrangement, or the process of verification provided for in Frequently Asked Question 7 in the FAQs issued with the Safe Harbour principles.


Referenced Authority: Directive 95/46/EC, Article 25(6), Safe Harbor Principles


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