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(back to top of page) EXPLANATORY MEMORANDUM INTRODUCTION A feature of OECD Member countries over the past decade has been the development of laws for the protection of privacy.These laws have tended to assume different forms in different countries, and in many countries are still in the process of being developed.They represent a consensus on basic principles which can be built into existing national legislation, or serve as a basis for legislation in those countries which do not yet have it. The Recommendation was adopted and became applicable on 23 September 1980.The Guidelines, in the form of a Recommendation by the Council of the OECD, were developed by a group of government experts under the chairmanship of The Hon. The Guidelines are accompanied by an Explanatory Memorandum intended to provide information on the discussion and reasoning underlining their formulation.
Privacy protection laws have been introduced, or will be introduced shortly, in approximately one half of OECD Member countries (Austria, Canada, Denmark, France, Germany, Luxembourg, Norway, Sweden and the United States have passed legislation.The OECD, which had been active in this field for some years past, decided to address the problems of diverging national legislation and in 1978 instructed a Group of Experts to develop Guidelines on basic rules governing the transborder flow and the protection of personal data and privacy, in order to facilitate the harmonization of national legislation. The Guidelines are broad in nature and reflect the debate and legislative work which has been going on for several years in Member countries.The Expert Group which prepared the Guidelines has considered it essential to issue an accompanying Explanatory Memorandum.The disparities in legislation may create obstacles to the free flow of information between countries.Such flows have greatly increased in recent years and are bound to continue to grow as a result of the introduction of new computer and communication technology.