Revised OECD Privacy Guidelines 2013

On 9 September 2013, the Organization for Economic Cooperation and Development (OECD) published its revised Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data (2013 Guidelines).

Elements of the 2013 Guidelines

The revisions agreed in 2013 include:

• Chapter 1:  The Recommendation of the OECD Council concerning Guidelines governing the Protection of Privacy and Transborder Flows of Personal Data (2013), p. 11 -18; and
• Chapter 2:  A new supplementary explanatory memorandum providing context and rationale for the July 2013 revisions, p. 19 - 35

Major Themes

The 2013 Guidelines constitute the first update of the original 1980 version that served as the first internationally agreed upon set of privacy principles. Two themes run through the 2013 Guidelines:

• First, is a focus on the practical implementation of privacy protection through an approach grounded in risk management.
• Second, is the need for greater efforts to address the global dimension of privacy through improved interoperability.

New Concepts 

A number of new concepts are introduced, including:

• National privacy strategies:  While effective laws are essential, the strategic importance of privacy today also requires a multifaceted national strategy co-ordinated at the highest levels of government.
• Privacy management programmes:  These serve as the core operational mechanism through which organisations implement privacy protection.
• Data security breach notification:  This provision covers both notice to an authority and notice to an individual affected by a security breach affecting personal data.

Modernised Approach to Transborder Data Flow

Other revisions modernise the OECD approach to transborder data flows, detail the key elements of what it means to be an accountable organisation, and strengthen privacy enforcement. As a step in a continuing process, this revision leaves intact the original “Basic Principles” of the Guidelines. On-going work by the OECD on privacy protection in a data-driven economy will provide further opportunities to ensure that its privacy framework is well adapted to current challenges.

revised OECD Privacy Guidelines 2013 

entire The OECD Privacy Framework, OECD 2013, p. 1 - 154 (Chapter 1 Recommendations  at p. 11 - 18; Chapter 2 explanatory memorandum at p. 19 - 35)