In a blog post for Lawfare, Peter Swire, CIPP/US, and Justin Hemmings, CIPP/E, CIPP/US, provide recommendations for the potential U.S.-U.K. executive agreement under the Clarifying Lawful Overseas Use of Data Act, which, they write, is expected to be submitted to Congress this fall. Points to consider include transparency concerns, stay of enforcement when referred to the Department of Justice, qualifying crimes, minimization procedures, time limits for accessing or retaining data, international human rights obligations, and the delineation of roles for central authority. Swire and Hemmings write, “This agreement will be the prototype for future agreements under the [CLOUD] Act, and thus deserves careful attention.”
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