HL Deb 13 November 2000 vol 619 cc9-10WA
The Earl of Northesk

asked Her Majesty's Government

Whether the coming into force of the "safe harbour" agreement between the European Union and the United States on data protection will ensure that data transfers between the United Kingdom and the United States comply with the terms of the Data Protection Act 1998. [HL4520]

Lord Bassam of Brighton

The European Commission has made a formal finding that the US safe harbour arrangements provide an adequate level of data protection for the purposes of Article 25 of the Data Protection Directive (95/46/EC). Transfers of personal data from the United Kingdom to organisations in the United States which have made a formal commitment to comply with the safe harbour principles will be taken as meeting the requirements of the 8th data protection principle in Schedule 1 to the Data Protection Act 1998.

The Earl of Northesk

asked Her Majesty's Government:

Whether the "safe harbour" agreement between the European Union and the United States on data protection will have any adverse effect on the financial services industry in the United Kingdom. [HL4522]

Lord Bassam of Brighton

The Government can see no reason why it should. The agreement makes it easier to transfer personal data to organisations participating in the safe harbour. The agreement does not affect transfers to non-participating organisations.

The Earl of Northesk

asked Her Majesty's Government:

What procedures they have in place to monitor the operation of the "safe harbour" agreement between the European Union and the United States on data protection. [HL4521]

Lord Bassam of Brighton

Through the committee of member states' representatives set up under Article 31 of Directive 95/46/EC, the Government will seek regular reports from the European Commission on the way in which the safe harbour agreement is operating. The Data Protection Commissioner has responsibility for ensuring the proper application of the agreement within the United Kingdom. The Government understand that she will monitor the requests for assessment that she receives about the safe harbour arrangements to see whether they reveal problems with the agreement.