Uk And Us Sign Data Access Agreement
Recent announcements by the UK and US governments have formulated the agreement in such a way that it primarily addresses fast-moving international crime – for example, terrorism and cybercrime – for which it is essential to obtain important evidence such as messaging data as quickly as possible. What is not yet clear is the extent to which the agreement could have a wider application of all criminal investigations between the US and the UK and, in particular, whether the UK Serious Fraud Office (“SFO”) could use the new instrument to bypass GwG`s current proceedings. While COPOA does not ask a recipient to do something that would be contrary to UK data protection law, the data protection laws of other jurisdictions, such as France, may prevent the disclosure of data in the absence of an international treaty such as the treaty concluded by that country. In the opinion of the Prosecution, UK law enforcement authorities, including the Serious Fraud Office (SFO), should, once set up, find that they have much faster access to data stored by CSPs in the US, as well as their US counterparts on data stored by CSPs in the UK. Each has also pledged to obtain the other`s permission before using the data obtained through the agreement in law enforcement proceedings relating to the essential interest of a party – in particular the PROSECUTION OF THE DEATH PENALTY by the United States and the Uk cases relating to freedom of expression. The issue of secure access to electronic data stored abroad has been steadily worsening in recent years. This has been particularly the case for UK law enforcement authorities, as the evidence needed to promote their investigations and support subsequent prosecutions is often retained by US-based technology companies. Finally, the agreement will obviously not affect the MLAT agreements that currently exist with other jurisdictions, and these procedures must continue to be followed with these countries until similar access agreements can be negotiated. Generally speaking, the new legislation is expected to change dramatically in terms of the considerable amount of data that will most likely be obtained from both sides of the Atlantic and the expected speed of reaction from THE BENEFICIARIES OF THE OPOs.
. . .