THE US-UK DATA ACCESS AGREEMENT: A NEW DAWN FOR CRIMINAL INVESTIGATIONS?

On 1 May, a post on the Crime & Corruption blog from law firm Cooley returns to the subject of the Crime (Overseas Production Orders) Act 2019 (COPOA), described as a piece of legislation that created a framework for the government to enter reciprocal agreements with other nations to streamline the process of obtaining stored electronic data from companies based overseas.  It explains that, once the US-UK Agreement under the Act takes effect, US communications service providers should expect to begin receiving overseas production orders (OPO) directly from the UK on behalf of UK enforcement agencies, including the SFO, NCA, FCA and police, to obtain evidence. Likewise, UK-based providers should expect to begin receiving orders directly from US authorities.  It explains the former and new systems for such assistance, and how the new system may be challenged.  It is said that the US is reportedly in negotiations with the European Commission and Australia to negotiate equivalent data sharing agreements, and that other countries likely to follow suit are New Zealand and Canada.

https://cc.cooley.com/2020/05/01/the-us-uk-data-access-agreement-a-new-dawn-for-transatlantic-criminal-investigations/

 

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Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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