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INITIATIVE: OECD's Guidelines on the Protection of Privacy and Transborder Flows of Personal Data
Description
The Preface to the Guidelines reads: "The development of automatic data processing, which enables vast quantities of data to be transmitted within seconds across national frontiers, and indeed across continents, has made it necessary to consider privacy protection in relation to personal data. Privacy protection laws have been introduced, or will be introduced shortly, in approximately one half of OECD Member countries... to prevent what are considered to be violations of fundamental human rights, such as the unlawful storage of personal data, the storage of inaccurate personal data, or the abuse or unauthorised disclosure of such data. "On the other hand, there is a danger that disparities in national legislations could hamper the free flow of personal data across frontiers; these flows have greatly increased in recent years and are bound to grow further with the widespread introduction of new computer and communications technology. Restrictions on these flows could cause serious disruption in important sectors of the economy, such as banking and insurance. "For this reason OECD Member countries considered it necessary to develop Guidelines which would help to harmonise national privacy legislation and, while upholding such human rights, would at the same time prevent interruptions in international flows of data. They represent a consensus on basic principles which can be built into existing national legislation, or serve as a basis for legislation in those countries which do not yet have it. "...The Guidelines are accompanied by an Explanatory Memorandum intended to provide information on the discussion and reasoning underlining their formulation." Why is this initiative significant?
As described on the OECD website, "By setting out core principles, the Guidelines play a major role in assisting governments, business and consumer representatives in their efforts to protect privacy and personal data, and in obviating unnecessary restrictions to transborder data flows, both on and off line." Of course, countries still vary in the protection they accord to personal data -- both in principle and in practice. |
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