The OECD Council recommendation on cross-border co-operation in the enforcement of laws protecting privacy

Summary

The OECD’s 2007 Recommendation on Cross-Border Co-operation in the Enforcement of Laws Protecting Privacy aims to enhance international cooperation among Privacy Enforcement Authorities (PEAs) to safeguard privacy and promote trustworthy data flows. Building on the OECD Privacy Guidelines and subsequent initiatives, the Recommendation outlines steps for Adherents to bolster their domestic privacy law frameworks, create international mechanisms for privacy enforcement, and provide mutual assistance in enforcement actions. Notable efforts include the establishment of networks like the Global Privacy Enforcement Network (GPEN). The 2023 review highlights significant progress in PEAs’ powers and international cooperation but identifies ongoing challenges, particularly with extraterritorial enforcement and cross-sectoral cooperation. The OECD is considering further guidance or revisions to address these issues.