Abraham Jewett  |  October 6, 2022

Category: Politics

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US and UK flag waving in the wind against a blue sky.
(Photo Credit: klenger/Shutterstock)

US, UK electronic data sharing overview: 

  • Who: An agreement reached between the U.S. and the U.K. regarding user data sharing went into effect on Monday. 
  • Why: The agreement, which was made in October 2019, will grant law enforcement officials from the two countries easier access to user data held overseas by companies such as Microsoft, Google, and Facebook. 
  • Where: The agreement will affect consumers in the U.S. and the U.K. 

An agreement between the U.S. and the U.K. that will grant law enforcement easier access to user data held by the other country that can help combat major crimes went into effect earlier this week. 

The agreement was reached between the two countries back in October 2019 that will allow investigators in the U.S. and U.K. to have better access to data held overseas by companies like Facebook, Google, and Microsoft, reports Law360. 

“This will greatly enhance the ability of the United States and the United Kingdom to prevent, detect, investigate, and prosecute serious crime, including terrorism, transnational organized crime, and child exploitation, among others,” the Department of Justice said, in a statement

Congress’ passing in 2018 of the Clarifying Lawful Overseas Use of Data Act (CLOUD) prompted the electronic data sharing agreement.

The CLOUD Act was made in order to amend the Stored Communication Act by making clear that any warrants held for data being held by an electronic service provider based in the U.S. could be reached around the world, reports Law360. 

Following its passing, the U.S. reportedly began to work with other countries to establish bilateral data-sharing agreements that would be used for law enforcement purposes authorized by the CLOUD Act. 

DOJ says crime data agreement first of its kind under CLOUD Act

The DOJ, which announced on Monday that the agreement was formally going into effect, said the arrangement was the first of its kind to begin since the CLOUD Act was passed. 

“The Data Access Agreement fosters more timely and efficient access to electronic data required in fast-moving investigations through the use of orders covered by the agreement,” the DOJ said. 

Authorities from the U.S. and the U.K will still be required to meet “numerous requirements” in order to turn to the agreement in order to gain access to user data that is held overseas by a service provider, according to the DOJ. 

In addition to user data requests having to relate to a serious crime, the DOJ said that officials in the U.S. and U.K. “must also abide by agreed requirements, limitations and conditions when obtaining and using data obtained under the Data Access Agreement.” 

Also in regard to user data, a class action lawsuit was filed against the National Basketball Association last month by a consumer claiming the league unlawfully disclosed the personal viewing information of its subscribers with Facebook. 

Do you believe it will be helpful for authorities in the U.S. and U.K. to have better access to user data held overseas? Let us know in the comments! 


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