A company that relies upon employee consent to the transfer, coupled with an
inter-company contract, as the legal basis for moving employee data from the
EU to the U.S. has a LOT to worry about!
The Directive requires consent to be specific, informed and freely-given,
conditions that are rarely met in the workplace. Consent does make sense
there in limited circumstances, such as "Do you want your home address
included on the list that will be circulated in the office for the mailing
of holiday greeting cards?" However, that is precisely because one has
specificity, clear understanding, and an utter lack of interest on the part
of the 800-lb gorilla in this exchange, i.e., the employer.
If these conditions, which are required for genuine consent, are not
satisfied, the value of any "consents" obtained is drastically diminished.
They are certainly subject to legal challenge. Furthermore, the practice
hardly contributes to positive employee relations. Employees are very adept
at picking up clues as to when being "asked" if they want to do something is
really being "told" to do it.
Are there companies out there relying upon employee consent and
inter-company contracts? Absolutely. Will they be found to be in
compliance in the months and years ahead? Stay tuned.
Don
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Dr. Donald F. Harris
Chair, IHRIM's Privacy Committee
President, HR Privacy Solutions
1202 Lexington Ave., Suite 318
New York, NY 10028
Phone/Fax: (212)396-1184
E-Mail: [log in to unmask]
Website: www.hrprivacy.com
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