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Overseas news


Is Safe Harbor safe?

A group of German privacy officers has cast doubt on the efficacy of the US “Safe Harbor” solution for the export of personal data from the EU. They are concerned about the high incidence of US companies claiming to be Safe Harbor when they are not and the relative laxity of the FTC’s control mechanisms for the scheme. They believe that many companies who were originally registered have failed to renew their “data vows” and are not providing an adequate level of protection.


Opt-out is not sufficient consent for behavioural advertising


The Article 29 Data Protection Working Party has published an opinion clarifying how EU rules apply to online behavioural advertising. The opinion expresses the view that “Monitoring of individuals while they surf the Internet can give third parties a very detailed picture of a person’s online life” and affirms that online behavioural advertising providers, when they use cookies, are bound by the new EU rules on electronic privacy. It goes on to state that not changing a default setting cannot be considered, in most cases, as meaningful consent. Advertising networks and publishers should provide information about the purposes of tracking in a clear and understandable manner to enable users to make informed choices about whether they want their browsing behaviour to be monitored.



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