U.S. Documents – February 6, 2009

The documents listed and published below constitute the "safe harbor" privacy framework that the Department of Commerce has negotiated with the Confederation of Switzerland. The safe harbor framework is set forth in a set of seven privacy principles, 15 frequently asked questions and answers (FAQs), the exchange of letters between the Department and the Federal Data Protection and Information Commissioner (FDPIC) of the government of Switzerland, and letters from the Department of Transportation and Federal Trade Commission on their enforcement powers.

A. Cover Letter from Acting Under Secretary for International Trade, Michelle O’Neill, February 6, 2009

B. U.S.-SWISS SAFE HARBOR PRIVACY PRINCIPLES

C. FREQUENTLY ASKED QUESTIONS (FAQs)

  1. Sensitive Data
  2. Journalistic Exceptions
  3. Secondary Liability
  4. Investment Banking and Audits
  5. The Role of the Commissioner
  6. Self-Certification
  7. Verification
  8. Access
  9. Human Resources
  10. Data Processing by Third Parties
  11. Dispute Resolution & Enforcement
  12. Timing of Opt Out
  13. Travel Information
  14. Pharmaceutical and Medical Products
  15. Public Record and Publicly Available Information

D. Letter from U.S. Department of Commerce to the Federal Data Protection Commissioner transmitting the Safe Harbor Privacy Principles and FAQs, etc. (PDF)

E. U.S.-Swiss Safe Harbor Enforcement Overview

F. Department of Commerce Memorandum on Damages for Breaches of Privacy, Legal Authorizations and Mergers & Takeovers in U.S. Law

G. Letter from the Federal Trade Commission (PDF) concerning its jurisdiction over privacy issues.

H. Letter from the Department of Transportation (PDF) concerning its authority in protecting the privacy of consumers with respect to information provided to airlines.

I. U.S. Government Bodies Empowered to Investigate Complaints