The organizations on the Safe Harbor have notified the US Department of
Commerce that they adhere to the safe harbor framework developed by the
Department of Commerce in coordination with the European Commission.
The safe harbor provides guidance for U.S. organizations on how to
provide "adequate protection" for personal data from Europe as required
by the European Union's Directive on Data Protection. However, the
Department of Commerce apparently does not assess the adequacy of any
organization's privacy policy or its adherence to that policy.
If a self-regulatory or government body find that an organisation is
not complying with the requirements of the scheme, then the offending
organization is apparently no longer entitled to the benefits of the
safe harbor.
In such cases, the offender must promptly notify the Department of
Commerce of such facts either by email or letter. Failure to do so may
be actionable under the False Statements Act (18 U.S.C. 1001). That
organization must also provide the Department of Commerce with a copy of
the decision letter from the relevant self-regulatory or government
enforcement body.
The answer therefore appears to be "should do, but regulators will only
take action if they are found not to!"
Iain
Iain Harrison
Information Governance Consultant
Leicester City Council
0116 252 7606
>>> "Bremer, Sarah" <[log in to unmask]> 24/05/2007 15:06 >>>
Facebook's privacy statement dosn't mention selling of data, but it
does state that it shares annoymised information with 3rd parties for
advertising and marketing purposes.
http://www.facebook.com/policy.php
Also says that it's party to the EU safe harbour privacy agreement.
Does that mean that they have obligations under european dpa's?
Sarah Bremer
Compliance Monitoring Officer
University of Wolverhampton Business School
Telford Campus
Telford
Shropshire
TF2 9NT
Tel: (01902) 323876
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________________________________
From: This list is for those interested in Data Protection issues on
behalf of RONAN DURNIN
Sent: Thu 24/05/2007 12:55
To: [log in to unmask]
Subject: Re: [data-protection] Selling of Facebook
information?[Scanned]
I don't know enough about EU law but certainly what you've said makes
sense.
I wonder if they are making use of any servers in the UK for the
purposes of storing/routing data? I think that if there are comms
devices being used in the UK by facebook, then DPA certainly will
apply...
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nigel Roberts
Sent: 24 May 2007 12:53
To: [log in to unmask]
Subject: Re: [data-protection] Selling of Facebook
information?[Scanned]
A company may not be based in the the UK or EU, but if they 'market
into' the European Community, I would submit that EU law applies to
them.
Ekin Caglar wrote:
> Their domain name is registered to:
> TheFacebook, Inc
> 156 University Ave, 3rd Floor
> Palo Alto, CA 94301
> US
>
> What made you think that they are based in the UK?
>
> E
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of
[log in to unmask]
> Sent: 24 May 2007 11:29
> To: [log in to unmask]
> Subject: [data-protection] Selling of Facebook information?
>
> I have heard a rumour that Facebook, the social networking service,
> makes some of its money by selling personal information about those
> registered with it to third parties. Has anyone else heard of this
> rumour? I believe Facebook is UK based, so are they likely to be in
> breach of the DPA if they do this?
>
> Charles
>
> Professor Charles Oppenheim
> Head
> Department of Information Science
> Loughborough University
> Loughborough
> Leics LE1 3TU
>
> Tel 01509-223065
> Fax 01509 223053
> e mail [log in to unmask]
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