Law Enforcement Access to Data Across Borders: The Evolving Security and Rights Issues

This paper by Jennifer Daskal looks at the background and current status of government access to data held in other jurisdictions, the key issues and a potential way forward. The article is intentionally U.S.-centric, noting that the U.S. “has an outsized role to play, given a combination of the U.S.-based provider dominance of the market, blocking provisions in U.S. law that prohibit the production of the content of electronic communications (such as emails) to foreign-based law enforcement, and the particular ways that companies are interpreting and applying their legal obligations.”

Daskal’s paper was one of five winners of the 2016 Future of Privacy Forum Privacy Papers for Policy Makers Award.