DIRECT ACCESS IN DATA GATHERING: A SEA CHANGE IN US/UK CRIMINAL INVESTIGATIONS

An article from Allen & Overy on 8 April says that an agreement for accessing electronic data in cases of serious crime, which was negotiated and released in Autumn 2019, is about to enter into force.  It permits criminal authorities in each country to obtain electronic data directly from a range of telecommunications companies (so-called “Covered Providers”) in the other country – without any need to go through the domestic authorities in the recipient country, a mutual legal assistance treaty (MLAT) or any of the other cumbersome routes currently used.  This, it says,  could have a major impact on any company whose business satisfies the definition of Covered Provider: social media platforms; data hosting, storage and processing; cloud storage; or potentially any other company to the extent it provides clients with an ability to communicate, process or store data.  The article provides a summary of the key features of the Agreement and thoughts on some of the thorny issues that are likely to emerge.

https://www.allenovery.com/en-gb/global/news-and-insights/publications/direct-access-a-sea-change-in-data-gathering-in-us-uk-criminal-investigations

 

 

If you would like to say thanks by making a small contribution, in case I need to upgrade or replace my computers and other paraphernalia, I have a page at “Buy me a Coffee” – https://www.buymeacoffee.com/KoIvM842y

 

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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