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International Safe Harbor Privacy Principles


The international Safe Harbor Privacy Principles or Safe Harbour Privacy Principles were principles developed between 1998 and 2000 in order to prevent private organizations within the European Union or United States which store customer data from accidentally disclosing or losing personal information. They were overturned on October 6, 2015 by the European Court of Justice (ECJ), which enabled some US companies to comply with privacy laws protecting European Union and Swiss citizens. US companies storing customer data could self-certify that they adhered to 7 principles, to comply with the EU Data Protection Directive and with Swiss requirements. The US Department of Commerce developed privacy frameworks in conjunction with both the European Union and the Federal Data Protection and Information Commissioner of Switzerland.

Within the context of a series of decisions on the adequacy of the protection of personal data transferred to other countries, the European Commission made a decision in 2000 that the United States' principles did comply with the EU Directive - the so-called "Safe Harbour decision". However, after a customer complained that his Facebook data were insufficiently protected, the ECJ declared in October 2015 that the Safe Harbour Decision was invalid, leading to further talks being held by the Commission with the US authorities towards "a renewed and sound framework for transatlantic data flows".

The European Commission and the United States agreed to establish a new framework for transatlantic data flows on 2nd February 2016, known as the "EU-US Privacy Shield".

In 1980, the OECD issued recommendations for protection of personal data in the form of seven principles. These were non-binding and in 1995, the European Union (EU) enacted a more binding form of governance, i.e. legislation, to protect personal data privacy in the form of the Data Protection Directive.


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