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Following a speech on the need for protection of on-line consumers,
made in Washington on 9 January 2001, Mr. Ralph Nader was quoted as
saying that "particularly in the area of internet privacy
protections, the WTO is forcing governments to forego sovereign
privacy protections deemed to be overly restrictive to international
trade".
This is difficult to understand. No decision or action on
the protection of Internet privacy has ever been taken in the WTO. Far
from "forcing governments to forego sovereign privacy
protections" (which it would have no power to do in any case),
the WTO has had nothing whatever to do with Internet privacy.
Moreover, a safeguard for individual privacy is built into the
framework of the GATS itself. One of the General Exceptions in Article
XIV of the GATS, overriding all other provisions, covers measures
Governments might find it necessary to take for "the protection
of the privacy of individuals in relation to the processing and
dissemination of personal data and the protection of confidentiality
of individual records and accounts".
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