The U.S. Department of Commerce has confirmed that the European Commission will host this year’s Safe Harbor Conference in Washington, D.C., on March 19, 2012. The venue marks a change from the tradition of previous sessions which have taken place in the host authority’s capital city (Washington, D.C. or Brussels). The Conference will follow the release of the European Commission’s draft revisions to the EU Data Protection Directive 95/46, which are expected on or around January 25, 2012. The widely leaked draft of the proposal does not contain language pertaining to the current Safe Harbor program that exists between the United States and Europe. The European Commission and the U.S. Department of Commerce will negotiate the Safe Harbor Conference agenda over the next few weeks.
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As the former director of the U.S.-EU and Swiss Safe Harbor Frameworks, I was privy to the European Commission’s position with regard to the Safe Harbor agreement. In December 2010 and again, in June 2011, Francoise Le Bail, DG of DG Justice stressed that the SH agreement would not be renegotiated in light of the new data protection framework emerging in the EU. This position was shared by Peter Hustinx, the EU’s data protection supervisor, who will also provide the new EU Data Protection Board its secretariat. DG Justice also has written but has yet to release its latest implementation review of the Safe Harbor framework agreement’ a draft of the executive summary was presented to the Commerce Department during Ms. Le Bail’s visit to the Department of Commerce last June. It was generally favorable and noted that no significant changes were required. Now, having said that, it is indeed possible that there would be interest in renegotiating the agreement given the hyperbole that has pervaded debate over privacy in the EU. So, it will be an interesting year for data privacy folks both in the EU and USA.