EC and US officials locked in data protection talks

Officials from the EC met the US Department of Commerce yesterday to thrash out worldwide implementation of the EU data protection directive, which comes into effect on 24 October.

The directive has prompted fears of a trade war against the US, as it only allows companies to export personal data outside the European Economic Area if there is "adequate protection" in force there. The US prefers self-regulation over legislation, on the grounds that the Internet is too immature for it.

The meeting between John Mogg, head of the EC internal market division, and David Aaron, U.S. Under Secretary of Commerce, was set up to provide a definition for the phrase, "adequate protection". But conclusions will not be announced until after a full ministerial meeting on Monday.

Elizabeth France, UK data protection registrar, said that a trade war is out of the question, as it is up to companies, not governments, to enforce the act. However, she did tell Silicon.com that the Federal Trade Commission is likely to get involved in the talks so that self-regulation in the US could be enforced.

Businesses in the US are anxious to implement the EC directive correctly. Susan Scott, executive director of TrustE, the US organisation promoting self-regulation, said: "We have had a number of companies asking us what they have to do to be in compliance with the EU. But we can't answer them until the talks end, principles are established and each member state has voted on them."