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Editorial [1998] PLBIRp 30; (1998) 46 Privacy Laws and Business International Report 1

Editorial

The October 24th deadline for the entering into force of the EU's Data Protection Directive has come and gone. Only Portugal rushed to meet the deadline by adopting a new law, joining Greece, Italy, Sweden (p.7) and the UK implementing laws in compliance with the directive. The other member states are following at varying speeds (p.3). Exaggerated fears of European personal data being immediately cut off from some countries, a trade war with the US, or optimistic hopes of a US legislative response have proved unfounded. What has changed? First, the directive has direct effect, which means that national courts should take it into account.

The most pronounced change may occur in the UK, which, on November 9th, adopted the Human Rights Act, strengthening the human rights thrust of the 1998 Data Protection Act. Second, those member states which have not yet adopted a new data protection law will surely

make renewed efforts to do so. However, some governments may yet find themselves before the European Court of Justice in Luxembourg.

Third, on November 5th, the US Department of Commerce published Safe Harbor Principles (p. 6). The Article 31 committee of the EU member states representatives met on November 19th to consider this document. Questions include: Why does the document call for “a grace period for safe harbour participants?” How will the harbour be managed and, specifically, will each participating company submit contact details of the person responsible for compliance? In the early 1980's, over 100 leading US companies claimed to support the OECD privacy guidelines, but the Department of Commerce did not keep a record of contacts or signatories.

As a result, the companies' support for the guidelines was seen as a public relations exercise lacking in substance. Will the safe harbour initiative prove itself adequate, in practice?

Stewart Dresner, Director

PRIVACY LAWS & BUSINESS