Tuesday, 27 February 2018

JURISDICTION & PRIVACY: Europe seeks power to seize overseas data in challenge to tech giants

Europe seeks power to seize overseas data in challenge to tech giants: "The proposed rules are the latest attempt by authorities around the world to update regulations to keep pace with technology. In May the EU General Data Protection Regulation (GDPR) will come into effect, requiring firms to give customers more control over their online information.

 The planned law would give European prosecutors the power to compel companies to hand over data, bypassing existing legal channels known as mutual legal assistance treaties (MLAT).

 Jourova said the law would apply to crimes which carry a minimum penalty of three years to ensure serious crimes like terrorism and drug trafficking are covered, however discussions are still ongoing.

 Under MLAT, which is widely criticized for being unwieldy and slow, a European prosecutor would have to go to the government of the country where the data was stored and ask for a local subpoena or search warrant.

Some privacy campaigners agree that the MLAT system needs to be changed to speed up the process, but oppose any moves to requisition personal data across borders." 'via Blog this'

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