Tag Archives: APEC

Increased Cooperation Between EU and APEC on Cross-Border Data Transfer Rules

On March 26, 2013, the Article 29 Working Party issued a press release on the recent developments concerning cooperation between the EU and the Asia-Pacific Economic Cooperation group (“APEC”) on cross-border data transfer rules. A joint EU-APEC committee, which includes the French and German data protection authorities as well as the European Data Protection Supervisor and the European Commission, has been studying similarities and differences between the EU’s binding corporate rules (“BCRs”) framework and APEC Cross-Border Privacy Rules. The committee’s goal is to facilitate data protection compliance in this area for international businesses operating in the EU and the APEC region, including by creating a common frame of reference for both sets of cross-border data transfer rules.

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Tags: APEC, Article 29 Working Party, Binding Corporate Rules, Cross-Border Data Flow, Data Protection Authority, Data Transfer, European Commission, European Data Protection Supervisor, European Union, France, Germany, International

Commerce Department to Host Data Privacy Seminar

The U.S. Department of Commerce’s International Trade Administration (“ITA”) will host a data privacy seminar in Waltham, Massachusetts, on Monday, March 25 from 8:30 – 11:30 a.m. EST. Seminar participants will hear from a number of Commerce privacy experts who will discuss the Obama Administration’s privacy blueprint and provide updates on significant international developments involving the U.S.-European Union and U.S.-Swiss Safe Harbor Frameworks and the Asia-Pacific Economic Cooperation group’s work to implement the Cross-Border Privacy Rules System. These privacy developments could have a significant impact on your company and its compliance with laws and privacy regulations in the United States, Asia and Europe.

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Tags: APEC, Cameron Kerry, Cross-Border Data Flow, Department of Commerce, EU Data Protection Directive, European Union, Events, Information Security, International, Obama, Safe Harbor

Article 29 Working Party and APEC Discuss International Data Transfer Interoperability

The French Data Protection Authority (the “CNIL”) reports that in late January 2013, representatives of the Article 29 Working Party and the Asia-Pacific Economic Cooperation group (“APEC”) met in Jakarta, Indonesia, to discuss interoperability between EU Binding Corporate Rules and APEC Cross-Border Privacy Rules governing international data transfers. The U.S. Department of Commerce also is participating in the process to develop a roadmap for future progress toward establishing tools companies can use to facilitate true interoperability.

Tags: APEC, Article 29 Working Party, Binding Corporate Rules, CNIL, Data Protection Authority, Data Transfer, Department of Commerce, European Union, International

European Commission Finds New Zealand’s Data Protection Law Provides Adequate Safeguards

On December 19, 2012, the European Commission announced its formal recognition of personal data protection in New Zealand. The European Commission approved New Zealand’s status as a country that provides “adequate protection”  of personal data under the European Data Protection Directive 95/46/EC. This determination means that personal information from Europe may flow freely to New Zealand.  Although the law in New Zealand has been modernized over the years, it is not new.  New Zealand will be celebrating the 25th anniversary of its data protection law in 2013. Furthermore, New Zealand has been very active in the development of international standards at the OECD and APEC, and has participated in initiatives such as the Global Accountability Project. New Zealand’s request to be deemed adequate has been pending for several years. This determination follows the positive Opinion of the Article 29 Working Party issued on April 4, 2011, concerning the level of protection under New Zealand’s law.

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Tags: APEC, Article 29 Working Party, Data Controller, Data Processor, Department of Commerce, EU Data Protection Directive, European Commission, European Union, International, Israel, New Zealand, OECD, Safe Harbor, Switzerland, Uruguay

Department of Commerce Hosts Webinar on Data Privacy Issues

On December 5, 2012, at 1:00 p.m. EST, the U.S. Department of Commerce’s International Trade Administration (“ITA”) will be hosting a webinar to discuss data privacy issues. Webinar participants will hear from Commerce privacy experts on the Obama Administration’s privacy blueprint. There also will be an update on significant international data privacy developments such as the Asia-Pacific Economic Cooperation (“APEC”) forum’s work to implement the Cross-Border Privacy Rules (“CBPRs”) system and the U.S.-European Union and U.S.-Swiss Safe Harbor Frameworks. Aaron Burstein, Policy Advisor of the Department’s National Telecommunications and Information Administration and one of the key architects of the Obama Administration’s privacy blueprint, will participate. ITA Associate Director Josh Harris, who has worked for the last six years to launch and implement the APEC CBPRs system, will also be a speaker. Finally, David Ritchie and Christopher Hoff, who co-administer the U.S.-EU and U.S.-Swiss Safe Harbor Frameworks and work closely with counterparts in Europe on this program, will provide an overview of these important mechanisms to meet the requirements of EU and Swiss data protection laws.

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Tags: APEC, Cross-Border Data Flow, Department of Commerce, European Union, Events, International, National Telecommunications and Information Administration, Obama, Safe Harbor

Data Protection Commissioners Adopt Three Resolutions at 34th International Conference

On October 26, 2012, three resolutions were adopted by the closed session of the 34th International Conference of Data Protection and Privacy Commissioners and have been published on the conference website. Below we provide an overview of these resolutions.

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Tags: Accountability, APEC, Behavioral Advertising, Centre for Information Policy Leadership, Cloud Computing, Data Protection Authority, EU Data Protection Directive, European Union, International, Jacob Kohnstamm

Philippines President Aquino Signs Data Protection Legislation

On August 15, 2012, Philippines President Benigno S. Aquino III signed the Data Privacy Act of 2012 passed earlier this year by the Philippine Senate and House of Representatives. Concerns about the creation of the National Privacy Commission and the criminal penalties associated with the Act delayed final enactment.

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Tags: Accountability, APEC, Cross-Border Data Flow, Data Controller, Data Transfer, Fair Information Practice Principles, Information Security, International, Legislation, Outsourcing, Philippines, Security Breach

United States Approved for Participation in APEC Cross-Border Privacy Rules System

On July 26, 2012, acting U.S. Secretary of Commerce Rebecca Blank announced that APEC’s Joint Oversight Panel has approved the United States’ request to participate in the APEC Cross-Border Privacy Rules System. The panel also approved the Federal Trade Commission’s participation as the system’s first privacy enforcement authority. The next step will be for the United States to nominate one or more accountability agents for the panel’s approval. Accordingly, the Department of Commerce will publish a Federal Register Notice in the coming days to provide guidance on how potential accountability agents may seek recognition. Once a U.S. accountability agent has been approved, American companies will be able to submit their cross-border privacy rules to be recognized as meeting the APEC standard.

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Tags: Accountability, APEC, Article 29 Working Party, Binding Corporate Rules, Centre for Information Policy Leadership, Department of Commerce, European Union, Federal Trade Commission, International, Japan, Mexico, Obama, U.S. Federal Law

Interoperability: Facilitating the Global Flow of Data

As policymakers around the world consider revisions to existing privacy and data protection law, they often refer to “interoperability” as a mechanism to facilitate the flow of data across national and regional borders. Reports released this year by the Obama Administration and the Federal Trade Commission recognize the value of interoperability to the growth of the digital economy and improving privacy compliance. Principles underlying the APEC framework would support a system for transferring data across APEC economies, and the OECD has acknowledged that regulatory authorities worldwide share the responsibility of promoting the protection of cross-border data flows. But although interoperability is expected to help lower barriers to data transfers, simplify compliance and protect individuals’ rights, there has been little discussion of how interoperability would work in practice.

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Tags: Accountability, APEC, Centre for Information Policy Leadership, Data Transfer, Federal Trade Commission, Obama, OECD, Paula Bruening

United States Submits Request to Participate in APEC Cross-Border Privacy Rules System

On May 26, 2012, the United States government submitted its request to participate in the APEC Cross-Border Privacy Rules (“CBPRs”) system. The CBPRs system was endorsed by APEC leaders in November 2011. The protocol requires a participating economy to submit:

  • A letter of intent to participate;
  • Confirmation that a privacy enforcement agency in the economy is a participant in the Cross-Border Privacy Enforcement Arrangement;
  • Notice that the economy intends to make use of at least one APEC-recognized accountability agency; and
  • A description of the domestic laws and other legal mechanisms to give effect to the enforcement activities related to the activities of the accountability agent, which also must include an enforcement map.

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Tags: Accountability, APEC, Binding Corporate Rules, Canada, Centre for Information Policy Leadership, Data Transfer, Department of Commerce, Federal Trade Commission, International, Mexico, Obama, Taiwan