The Honorable David L. Aaron
Under Secretary for International Trade
International Trade Administration
Department of Commerce

Dear Ambassador Aaron,

Thank you for the opportunity to comment upon the most recent Safe Harbor documents. The recent documents, and the negotiations between the United States and the European Union around the adequacy of US law under the European Union Directive on Data Protection in general, have highlighted two critical privacy concerns for United States citizens:

* The numerous hours spent by the Department of Commerce will afford no increased privacy protection for US citizens. US citizens data can recieve second class privacy treatment in the hands of US companies.  Regardless of the Departments preference for self-regulation, it is alarming that improved practices in the US industry will benefit EU citizens alone.

* Not only will EU citizens' data receive preferential treatment in the hands of US companies, but under the most recent proposal the privacy complaints of EU citizens will receive preferential treatment at the Federal Trade Commission. (FAQ 11)

We understand your responsibility as Under Secretary for International Trade is to foster and promote international trade. However we firmly believe that the benefits of improved practices by US companies should flow to US citizens and that the investigative and enforcement activities of US agencies should be, first and foremost, used to advance the privacy interests of US citizens.

Respectfully,

Deirdre K. Mulligan
Staff Counsel

Center for Democracy and Technology
1634 Eye Street, NW
11th Floor
Washington, DC 20006
(v) +1.202.637.9800
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http://www.cdt.org/