[Chapter-delegates] European data protection laws vs. membership database
Patrick Vande Walle
patrick at vande-walle.eu
Fri Jun 29 08:01:54 PDT 2007
Marcin,
I think we are pretty well covered on that issue. See:
http://www.isoc.org/help/privacy/
"The Internet Society certifies that it adheres to the Safe Harbor
framework and principles <http://www.export.gov/safeharbor/index.html>,
as approved by the European Union (EU)."
See also
http://web.ita.doc.gov/safeharbor/SHList.nsf/f6cff20f4d3b8a3185256966006f7cde/22605998c16cd7068525725e007a04f7?OpenDocument
Best regards,
Patrick
Marcin Cieslak wrote:
> Hello,
>
> At ISOC Poland we recently stumbled into a legal problem - Polish (and
> the European Union) data protection laws forbid transfer of personal
> data abroad unless the country implements similar or stricter personal
> or data protection measures. The United States are known not be such a
> country.
>
> There some exceptions to the rule (like when it is necessary to execute
> some kind of contractual agreement in name of a person involved), they
> don't apply directly to society members however.
>
> We are considering some integration possibilities to send data of our
> new members automatically to the Internet Society so that they can
> become "global members". How can we do this to reduce legal hassle?
>
> I can see some solutions to this:
>
> 1) Ask our prospective members to specifically agree to the abroad
> transfer. In case they don't agree they can't become global members
> (not a good solution as we have no legal ground refuse their local
> membership then).
>
> 2) Check the legal situation where the ISOC membership system can be
> stored and administered. The website
> http://www.privireal.org/content/dp/switzerland.php
> claims that Swiss laws are equivalent to the EU ones since the year 2000.
>
> Is it possible that personal data could be hosted and administered by
> the Geneva office and therefore we (at least EU countries) could avoid
> this problem?
>
> Any other solutions/ideas? Anyone (esp. from EU) looked into this before?
>
>
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>
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--
Patrick Vande Walle
Check my blog at http://patrick.vande-walle.eu
Jabber me at patrick at vande-walle.eu
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