Foreword

The processing and use of personal data is no longer confined to the nation state but happens on a global level. The corresponding risks to data protection and privacy can therefore only be tackled on a worldwide basis. The explosive growth of the Internet has prompted governments to call for international agreements on certain aspects of the use of the "network of networks". This is also to be considered with respect to data protection and privacy on the Internet. However, it is worthwhile first to examine the existing set of international and supra-national rules and guidelines governing transborder data flow. Some of them are little known. Others do not have a binding legal effect but belong to the category of "soft law" which might lead to strict rules of law at a later stage. In order to contribute to the ongoing discussion of these issues we have published in this brochure a bilingual collection of existing international and European rules, guidelines, conventions and directives.

In addition this publication contains two documents from the United States and from the Russian Federation which belong to the national sphere of regulation. It is interesting to note that the US Privacy Principles do not have the force of law whereas the Law of the Russian Federation on Information, Informatisation and Information Protection is legally binding. This does not mean that the former is less effective in practice than the latter. The US Privacy Principles are interesting to read against the background of the European Directive 95/46/EC and its repercussions on transatlantic data flow.

You are invited to comment on this publication and to suggest further texts to be included in future editions.

Dr. Hansjürgen Garstka Berlin Data Protection Commissioner