This memorandum outlines the authority of the Federal Trade Commission (FTC) under Section 5 of the Federal Trade Commission Act (15 U.S.C. §§ 41-58, as amended) to take action against those who fail to protect the privacy of personal information in accordance with their representations and/or commitments to do so. It also addresses the exceptions to that authority and the ability of other federal and state agencies to take action where the FTC does not have authority(1). Organizations that are in the business of selling publicly available information may thus charge the organization’s customary fee in responding to requests for access. Individuals may alternatively seek access to their information from the organization that originally compiled the data. Consistent with the fundamental nature of access, organizations should always make good faith efforts to provide access. For example, where certain information needs to be protected and can be readily separated from other information subject to an access request, the organization should redact the protected information and make available the other information.

What is the safe harbor law in the EU?

Safe Harbour Principles were designed to prevent private organizations within the European Union or United States which store customer data from accidentally disclosing or losing personal information.

Finally, you pose the question of the interplay of the FTC’s jurisdiction with that of other law enforcement agencies, particularly in cases where there is potentially overlapping jurisdiction. We have developed strong working relationships with numerous other law enforcement agencies, including the federal banking agencies and the state attorneys general. We very often coordinate investigations to maximize our resources in instances of overlapping jurisdiction. We also often refer matters to the appropriate federal or state agency for investigation. The 1996 Act amended the Fair Credit Reporting act of 1970 (FCRA) to require improved notice and right of access for credit reporting subjects.

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Section 604 of the FCRA, for example, explicitly authorizes consumer reporting agencies to issue consumer reports in various enumerated situations. If in so doing, section 604 authorizes credit reporting agencies to act in conflict with the safe harbor principles, then the credit reporting agencies would need to rely on the exception (unless, of course, some other exception applied). Credit reporting agencies must obey court orders and grand jury subpoenas, and use of credit reports by government licensing, social and child support enforcement agencies serves a public purpose.

A provision may be included in statutes or regulations to give peace of mind to good-faith actors who might otherwise violate the law on technicalities beyond their reasonable control. For security purposes, and to ensure that the public service remains available to users, this government computer system employs programs to monitor network traffic to identify unauthorized attempts to upload or change information or to otherwise cause damage, including attempts to deny service to users. A safe harbor is a legal provision in a statute or regulation that provides protection from a legal liability or other penalty when certain conditions are met. Safe Harbor Children’s Center serves children, ages birth to 17, who have been removed from dangerous situations as a result of abuse, neglect, or abandonment. As a long-term residential shelter, the center provides nurturing care, medical and dental services, academic support, and therapeutic counseling in a loving home-like environment. Safe Harbor is under construction on a new domestic violence center in Greenville County.


Consistent with the Principles, personal information must be relevant for the purposes for which it is to be used. An organization may not process personal information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the individual. To the extent necessary for those purposes, an organization should take reasonable steps to ensure that data is reliable for its intended use, accurate, complete, and current. provisions, as they relate to regulatory liability, appear in a number of laws or contracts. For example, under the regulatory guidelines of the Securities and Exchange Commission (SEC), safe harbor provisions protect management from liability for making financial projections and forecasts in good faith. A provision granting protection from liability or penalty if certain conditions are met.

Safe Harbor offers a vast number of services that allows us to be your one-stop provider of access system solutions. Safe Harbor Access Systems fabricates terminals, platforms and fall protection equipment to meet general and unique application requirements. (13) The determination whether conduct is an „unfair labor practice” or a violation of a collective bargaining agreement is a technical one that is ordinarily reserved to the expert labor tribunals who will hear the complaints, such as arbitrators and the NRLB. (16) Our discussion here should not be taken as an admission that the FCRA does not provide „adequate” protection.

Domestic Violence Does Not Discriminate

(See the annex for the list of U.S. statutory bodies recognized by the EU.) In addition, organizations subject to a statutory, regulatory, administrative or other body of law (or of rules) that effectively protects personal privacy may also qualify for safe harbor benefits. In all instances, safe harbor benefits are assured from the date on which each organization wishing to qualify for the safe harbor self-certifies to the Department of Commerce (or its designee) its adherence to the Principles in accordance with the guidance set forth in the Frequently Asked Question on Self-Certification. Consumers should be encouraged to raise any complaints they may have with the relevant organization before proceeding to independent recourse mechanisms.

Safe Harbor

According to the FTC’s complaint, GeoCities represented that it operated a children’s area on its website and that the information collected there was maintained by GeoCities. In fact, those areas on the website were run by third-parties who collected and maintained the information. The European Commission has expressed the concern that the „explicit authorizations” exception would „effectively create an adequacy finding” for the Fair Credit Reporting Act (FCRA).