Forwarded From: phreak moi <hackerelitet_private> http://thestandard.com/articles/display/0,1449,2133,00.html?home.mf 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- Subscribe: mail majordomot_private with "subscribe isn". Today's ISN Sponsor: Repent Security Incorporated [www.repsec.com]
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