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Organisation for Economic Co-operation and Development (OECD). Surveillance / law enforcement access. Declaration (OECD Ministerial)

OECD Trusted Government Access DeclarationDeclaration on Government Access to Personal Data Held by Private Sector Entities

In force

§1Summary

Synopsis

The first intergovernmental statement of shared principles for government access to personal data held by private companies for law enforcement and national security. It covers seven principles: legal basis, legitimate aims, approvals, data handling, transparency, oversight and redress.

Key themes
  • government access
  • national security
  • law enforcement
  • legal basis
  • oversight
  • redress
  • transparency
Unique features

It codifies democratic safeguards on compelled access. It was cited in the context of the EU–US Data Privacy Framework and in transfer impact assessments.

SaaS relevance

Useful reference for transfer impact assessments and for policies on responding to government data demands.

§2Obligations

Breach notification
None
DPO
No
Cross-border transfers
Supports trusted data flows between adherents
Maximum penalty
None

§3Dates

Key dates
  • Adopted
  • In force
  • OECD/LEGAL/0487; adopted at the Digital Economy Ministerial meeting on 2022-12-14; the EU also adhered

§4Text and authority

Text
Authority
None designated

§5Where it applies

Members of the body

Membership-based — check ratification status. Membership of Organisation for Economic Co-operation and Development (OECD) does not mean a state has signed or ratified this instrument.

§6Sources and verification

Sources consulted
Verification

High confidence.