OECD Guidelines
In 1980 the OECD issued Guidelines on the Protection of Privacy and Transborder Flows of Personal Data. They are not legally binding but set out eight principles for data controllers. Because OECD membership reaches beyond Europe, the Guidelines had far-reaching influence and were drafted to stay consistent with Convention 108. They are technology neutral and draw no distinction between public and private sectors.
The OECD Guidelines were published 23 September 1980, prepared in close cooperation with the Council of Europe and the European Community. They are not legally binding but are flexible, serving as a basis for legislation where none exists or as principles built into existing law. Membership beyond Europe gives them far-reaching effect.
- Collection Limitation - collected fairly and lawfully, with knowledge or consent where appropriate
- Data Quality - relevant, complete, accurate and up to date
- Purpose Specification - purpose specified no later than at collection
- Use Limitation - disclosure consistent with specified purposes unless consent or lawful authority
- Security Safeguards - reasonable safeguards against loss, unauthorised access, destruction, modification
- Openness - general policy of openness about uses and the controller's identity/location
- Individual Participation - what an individual may obtain about their data on request
- Accountability - the controller is accountable for complying with the principles
The defining contrast for the exam: the OECD Guidelines are not legally binding, whereas Convention 108 is the first legally binding international data protection instrument. Both share very similar principles by design.
The Guidelines are technology neutral (no distinction between electronic and other means) and draw no distinction between the public and private sectors. On transborder flows they urge members to keep flows uninterrupted and secure and to avoid creating obstacles beyond what privacy protection requires. The OECD reaffirmed its commitment in 1985 and 1998.