The Safe Harbor List
U.S. organizations may begin signing up to the safe harbor list at www.ita.doc.gov/ecom
beginning November 1, 2000. Organizations may either input information
into the website or they may send a letter to the Department of Commerce,
Attention: Safe Harbor Registration, Room 2009, Washington, DC 20230.
Signing up to the list:
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To be included on the safe harbor list, organizations must notify the Department
of Commerce that they adhere to the safe harbor privacy principles developed
by the Department of Commerce in coordination with the European Commission.
The principles provide guidance for U.S. organizations on how to provide
"adequate protection" for personal data from Europe as required by the
European Union's Directive on Data Protection.
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An organization's request to be put on the safe harbor list, and its appearance
on this list pursuant to that request, constitute a representation that
it adheres to a privacy policy that meets the safe harbor privacy principles.
Organizations must also publicly declare and state in their privacy policies
that they adhere to the safe harbor principles.
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Adherence to the safe harbor principles and subscription to the list are
entirely voluntary. An organization's absence from the list does not mean
that it does not provide effective protection for personal data or that
it does not qualify for the benefits of the safe harbor.
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In order to keep this list current, a notification will be effective for
a period of twelve months. Therefore, organizations need to notify the
Department of Commerce every twelve months to reaffirm their continued
adherence to the safe harbor principles.
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Organizations should notify the Department of Commerce if their representation
to the Department is no longer valid. Failure by an organization to so
notify the Department could constitute a misrepresentation of its adherence
to the safe harbor privacy principles and failure to do so may be actionable
under the False Statements Act (18 U.S.C. § 1001).
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An organization may withdraw from the list at any time by notifying the
Department of Commerce. Withdrawal from the list terminates the organization's
representation of adherence to the safe harbor principles, but this does
not relieve the organization of its obligations with respect to personal
information received prior to the termination.
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If a relevant self-regulatory or government enforcement body finds an organization
has engaged in a persistent failure to comply with the principles, then
the organization is no longer entitled to the benefits of the safe harbor.
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In order to sign up to the list, organizations may either send a letter
signed by a corporate officer to the Department of Commerce or have a corporate
officer register on the Department of Commerce's website (www.ita.doc.gov/ecom)that
provides all information required in FAQ 6.
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In maintaining the list, the Department of Commerce does not assess
and makes no representation as to the adequacy of any organization's privacy
policy or its adherence to that policy. Furthermore, the Department of
Commerce does not guarantee the accuracy of the list and assumes no liability
for the erroneous inclusion, misidentification, omission, or deletion of
any organization, or any other action related to the maintenance of the
list.