The International Chamber of Commerce (ICC) has launched a consultation seeking the views of interested parties with regard to possible solutions for issues arising from international data transfer.
According to the ICC, multinational firms in particular face problems abiding by the 1995 European Data Protection Directive, as currently international transfers of data can only take place where a Safe Harbour agreement has been reached with the recipient country, where the data is exempted from the terms of the Directive, or where there is an alternative safeguard such as a contract in place.
However, multinational firms are unsurprisingly having difficulties in complying with the latter requirement, as they cannot contract with themselves, the ICC revealed.
In issuing the consultation document, the ICC lent its support to proposals put forward by the EU Data Protection Working Party last June for binding corporate rules to resolve data transfer issues.
Under the terms of the proposals, multinationals seeking to transfer data outside the EU would be obliged to: guarantee high levels of compliance with EU rules in this area, carry out audits, cooperate with both national and European data protection authorities, put in place complaints procedures, afford those whose data is being transferred the same rights as if their information had never left the EU, and allow them to choose the country in which complaints are made.
Speaking following the launch of the questionnaire on international data transfer issues, chairman of the ICC's Task Force on the Protection of Personal Data, Christopher Kuner observed that:
"Businesses and regulators are currently showing considerable interest in the use of binding corporate rules to address the safe movement of personal data cross border. As the world's leading business organization, the ICC needs to assist by providing guidance in this area."
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