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Privacy, Compliance,
and International Data
Flows White Paper June 2006
Contents
What Is Going on in the by Rebecca Herold, CISSP, CISM, CISA, FLMI World?.................................... 1 OECD Transborder Data In this information technology (IT) and communications Flow Guidelines ..................... 2 revolution, computers are more mobile and more powerful than ever before. Information is shared more easily, more quickly, What Are the Challenges? .... 3 and in more ways than previously possible. One voice-activated command can send a message or document to many different What to Do ............................. 8 locations throughout the world in milliseconds. This revolution If You Haven't Started Yet, certainly has improved business efficiency and expediency. Start Now................................ 9 However, it has also created potential threats to the privacy of personal information and violations of new and emerging data About the Author................. 10 protection laws. About NetIQ Corporation .. 10 Organizations face increasing challenges as data protection laws worldwide-enacted to protect personally identifiable information (PII)-become more common. Multinational corporations have a challenge to keep up with all the compliance requirements that vary, and are sometimes in conflict, from jurisdiction to jurisdiction. Protecting PII is important not only because of heightened concerns about liability and legal noncompliance but also because consumers and employees expect that their personal information will be safeguarded and not be shared or used inappropriately. This white paper explores some of these privacy concerns and what is going on in the world with regard to protecting personal information. It will then go over the challenges that face organizations and what they need to do to protect the privacy of information wherever it is in the world as well as the appropriate actions organizations must take to meet legal and contractual requirements. THIS DOCUMENT AND THE SOFTWARE DESCRIBED IN THIS DOCUMENT ARE FURNISHED UNDER AND ARE SUBJECT TO THE TERMS OF A LICENSE AGREEMENT OR A NON-DISCLOSURE AGREEMENT. EXCEPT AS EXPRESSLY SET FORTH IN SUCH LICENSE AGREEMENT OR NON-DISCLOSURE AGREEMENT, NETIQ CORPORATION PROVIDES THIS DOCUMENT AND THE SOFTWARE DESCRIBED IN THIS DOCUMENT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW DISCLAIMERS OF EXPRESS OR IMPLIED WARRANTIES IN CERTAIN TRANSACTIONS; THEREFORE, THIS STATEMENT MAY NOT APPLY TO YOU. This document and the software described in this document may not be lent, sold, or given away without the prior written permission of NetIQ Corporation, except as otherwise permitted by law. Except as expressly set forth in such license agreement or non-disclosure agreement, no part of this document or the software described in this document may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, or otherwise, without the prior written consent of NetIQ Corporation. Some companies, names, and data in this document are used for illustration purposes and may not represent real companies, individuals, or data. This document could include technical inaccuracies or typographical errors. Changes are periodically made to the information herein. These changes may be incorporated in new editions of this document. NetIQ Corporation may make improvements in or changes to the software described in this document at any time. © 1995-2006 NetIQ Corporation, all rights reserved. U.S. Government Restricted Rights: If the software and documentation are being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the government's rights in the software and documentation, including its rights to use, modify, reproduce, release, perform, display or disclose the software or documentation, will be subject in all respects to the commercial license rights and restrictions provided in the license agreement. Check Point, FireWall-1, Provider-1, SiteManager-1, and VPN-1 are trademarks or registered trademark... [download for more]
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