The documents listed and published below constitute the "safe harbor" privacy arrangement that the Department of Commerce has negotiated with the European Commission.  The Safe Harbor Privacy Principles, Frequently Asked Questions and other supporting documents listed below issued by the Department and published in the Federal Register on July 24, 2000 are the final documents. A Federal Register Notice will be published on September 19, 2000 with a correction and further information on the safe harbor list. The correction has already been made to the documents on this website. The safe harbor list information is posted below.

    The transmittal letter from the European Commission transmitting its formal decision, the decision itself and other supporting documents are also posted below.

    The first opportunity U.S. organizations will have to sign up to the safe harbor list will be on November 1, 2000. Organizations will be able to do so at this website.

    Safe Harbor Overview                                                   Further Information about the Safe Harbor List

    FINAL SAFE HARBOR DOCUMENTS - July 21, 2000

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

    A: Safe Harbor Privacy Principles
        Annex

    B: Frequently Asked Questions (FAQs)

    1.     Sensitive Data
    2.     Journalistic Exceptions
    3.     Secondary Liability
    4.     Investment Banking and Audits
    5.     The Role of Data Protection Authorities
    6.     Self-Certification
    7.     Verification
    8.     Access
    9.     Human Resources
    10.   Article 17 contracts
    11.   Dispute Resolution and Enforcement
    12.   Choice - Timing of Opt-out
    13.   Travel Information
    14.   Pharmaceutical and Medical Products
    15.   Public Record and Publicly Available Information

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

    D.     Safe Harbor Enforcement Overview

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

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

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

    FINAL EUROPEAN COMMISSION DECISION AND SUPPORTING DOCUMENTATION - 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 protection

    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
     

    Documents and Public Comments provided through the duration of the safe harbor negotiations

    June 9, 2000

       
      Cover letter from Acting Under Secretary Robert S. LaRussa to U.S. organizations - June 9, 2000


              Draft Safe Harbor Principles - June 9, 2000

            FAQ's:
         1. Sensitive Data
                  2. Journalistic Exceptions
                  3. Secondary Liability
                  4. Investment Banking and Audits
                  5. Role of Data Protection Authorities
                  6. Self-Certification
                  7. Verification
                  8. Access
                  9. Human Resources Data
                 10. Article 17 Contracts
                 11. Dispute Resolution and Enforcement - NEW AS OF JUNE 16, 2000
                 12. Choice - Timing of Opt-Out
                 13. Airline Passenger Reservations
                 14. Pharmaceuticals
                 15. Public Record and Publicly Available Information

    Letter from Department of Commerce to European Commission transmitting safe harbor principles and FAQs, etc.

    Text of Article 25.6 Decision

    Letter from European Commission to Department of Commerce transmitting the Article 25.6 decision, etc.
     
     

    MARCH 17, 2000
    Deadline for public comment period was April 5, 2000

       
      View Public Comments

      Cover letter from Ambassador David L. Aaron to U.S. organizations requesting comments on the newly-posted   draft documents - March 17, 2000


              Draft Safe Harbor Principles - March 17, 2000

            FAQ's:
         1. Sensitive Data
                  2. Journalistic Exceptions
                  3. Secondary Liability
                  4. Investment banking, audits and headhunters
                  5. Role of Data Protection Authorities
                  6. Self-Certification
                  7. Verification
                  8. Access
                 9. Human Resources Data
                 10. Article 17 Contracts
                 11. Dispute Resolution and Enforcement
                 12. Choice - Timing of Opt-Out
                 13. Airline Passenger Reservations
                 14. Pharmaceuticals
                 15. Public Record and Publicly Available Information

    Text of Article 25.6 Decision

    Letter from Department of Commerce to European Commission transmitting safe harbor principles and FAQs, etc.

    Letter from European Commission to Department of Commerce transmitting the Article 25.6 decision, etc.

    Text Adopted by the Article 29 Working Party regarding implementation of Article 25 and 26 of Directive

    WEEK OF NOVEMBER 15, 1999

          View Public Comments
     

      Cover letter from Ambassador David L. Aaron to U.S. organizations requesting comments on the newly-posted draft documents - November 15, 1999
       
      Draft Safe Harbor Principles - November 15, 1999

      FAQ's:
         1. Sensitive Data
          2.  Journalistic Exceptions
          3.  Secondary Liability
          4.  Investment banking, audits and headhunters
          5.  Role of Data Protection Authorities
          6.  Self-Certification
          7.  Verification
          8.  Access
          9.  Human Resources Data
          10.  Article 17 Contracts
          11.  Dispute Resolution and Enforcement
          12.  Choice - Timing of Opt-Out
          13.  Airline Passenger Reservations
          14.  Pharmaceuticals
          15.  Public Record and Publicly Available Information

      Summary of Article 25.6 Decision (because the actual text of that draft decision is not ready to be posted at this time, we will be posting a summary of the proposed decision)

      Letter from David Aaron to John Mogg transmitting safe harbor principles and FAQs,  etc.

      Letter from John Mogg to David Aaron transmitting the Article 25.6 decision, etc.
       

    JUNE 21, 1999
     
      Joint Report on US/EU Data Protection Dialogue - June 21, 1999
    APRIL 19 & 30, 1999
     
      View Public Comments
      Letter from Ambassador Aaron and new Frequently Asked Questions - April 30, 1999
      Letter from Ambassador Aaron - April 19, 1999
      Draft Safe Harbor Principles as of April 19, 1999
      Draft Frequently Asked Questions on Access as of April 19, 1999
      Draft Complaint Procedures as of April 19, 1999
    NOVEMBER 1998
     
      Letter from Ambassador Aaron and Safe Harbor Principles as of November 1998
      Read Public Comments on Safe Harbor Principles as of November 1998