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November 19, 1998 Mr. Eric Fredell
Dear Mr. Fredell: The Online Privacy Alliance ("OPA") submits the following comments and attachments to the Department of Commerce (DoC) regarding the proposal to create a "safe harbor" within which US businesses could enjoy a presumption of "adequacy" under the European Union's Directive on Data Protection (Data Directive). The Online Privacy Alliance is a cross-industry coalition of more than 70 global companies and associations committed to promoting privacy online. The OPA is an ad hoc organization and its primary purpose is to promote online privacy practices and policies and to foster an online environment that respects consumer privacy. The principles, guidelines, policies and recommendations of the OPA are intended to apply to the online environment only. The OPA supports the concept of a safe harbor only to the extent that such a safe harbor is premised on and reflects the principles adopted by the Online Privacy Alliance -- at least for data collected online. The draft DoC International Safe Harbor Principles (Principles) seem to reflect an ombudsman type approach to privacy, with proposed principles reflecting the European approach to all data without regard to the manner in which the data is collected and its intended use. The OPA urges the DoC to allow for privacy standards that are consistent with best practices in the online sector. The OPA Privacy Guidelines, are attached hereto for your consideration. (See Attachment I, Word 6.0 or Acrobat PDF.) To the extent that the DoC draft Principles and the OPA Guidelines differ, we request that the OPA language be used as the standard for online data protection. The OPA has carefully crafted its Privacy Guidelines. To aid in understanding the application of the Privacy Guidelines in practice, the OPA is issuing its "Privacy Guideline Commentary". (See Attachment 2, Word 6.0 or Acrobat PDF.) This Commentary is intended to assist organizations as they craft data practices and privacy policies to comply with the OPA Guidelines. The Commentary is intended to clarify any ambiguity in the Guidelines. The OPA self-regulatory model is premised upon enforcement of existing law and regulations. To aid in understanding why we believe the OPA Privacy Guidelines provide adequate privacy protection . . .The OPA is issuing a "Legal Framework White Paper" (See Attachment 3, Word 6.0 or Acrobat PDF.) The White Paper details how the OPA model works within the structure of existing U.S. law.
Sincerely,
Christine A. Varney Enclosures
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