Message-ID: <8353975.1075846393986.JavaMail.evans@thyme> Date: Mon, 6 Dec 1999 01:10:00 -0800 (PST) From: lora.sullivan@enron.com To: steven.kean@enron.com, mark.schroeder@enron.com, scott.bolton@enron.com, rcfisher@hillsandco.com, sburns@pecc.org Subject: Aaron letter change Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Lora Sullivan X-To: Steven J Kean, Mark Schroeder, Scott Bolton, rcfisher@hillsandco.com, sburns@pecc.org X-cc: X-bcc: X-Folder: \Steven_Kean_Dec2000_1\Notes Folders\Wto X-Origin: KEAN-S X-FileName: skean.nsf Forwarded at the request of Joe Hillings: ---------------------- Forwarded by Lora Sullivan/Corp/Enron on 12/06/99 10:15 AM --------------------------- "Linda Schmid" on 12/03/99 12:41:00 PM To: Undisclosed.Recipients@smtp-gw.vma.verio.net cc: (bcc: Joe Hillings/Corp/Enron) Subject: Aaron letter change Dear Transborder Data Flow Working Group: A significant change has been made to the letter to Aaron. The following two paragraphs have been rewritten to achieve recognition of the adequacy of the existing federal and state legislative framework. Under the procedures of the Directive, the Commission will have to make a determination of adequacy, thus, the rewrite to soften the suggestion of how they make that affirmative determination. Article 25 of the EU Directive calls for "adequate," not "equivalent" protection, and the Financial Services Modernization Act, added to the existing federal and state legislative framework, establishes a high and enforceable standard for notice, choice, access, and security of consumer information. This comprehensive legislative framework achieves equivalency to the Data Protection Directive in protecting customer information covered by Title V of the FCRA. Over the next 18 months, the European Commission should follow the process of rulemaking and implementation of the Act during the Safe Harbor transition, in order to make a subsequent determination of adequacy based on how the Act is interpreted and applied. In the short-term the Commission should conclude that the federal and state financial services regulators, with their new statutory privacy mandate, can serve as the independent enforcement bodies for those financial services companies that choose to certify under the Safe Harbor. Please let me know if you object to this change. The comments are due today. Sincerely, Linda Schmid Director Electronic Commerce Coalition of Service Industries 805 15th Street NW, Suite 1110 Washington D.C. 20005 Telephone: (202) 289-7460 Fax: (202) 775-1726 Email: schmid@uscsi.org ************************************************************************ Visit http://www.WorldServicesCongress.com to view industry resolutions for the WTO Services 2000 Negotiations. ************************************************************************ - CSI draft letter to Aaron 11_ 19.doc