Access to extraterritorial evidence

The Microsoft cloud case and beyond

Dan Svantesson, Felicity Harrison

    Research output: Contribution to journalArticleResearchpeer-review

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    Abstract

    A case involving Microsoft that is currently before the US courts has raised important issues between the respective legal regimes in the European Union and the United States, particularly in relation to the protection of personal data. The case in question has given rise to a degree of legal uncertainty and the outcome could have potentially serious implications for data protection in the EU. By seeking direct access to data held in the EU through the US judicial system, existing legal mechanisms for mutual assistance between jurisdictions may be being effectively bypassed. There are fundamental issues at stake here as regards the protection of personal data that is held within the European Union. This is clearly an area where technological advances have taken place in a very rapid fashion. The right to privacy should be afforded maximum protection whilst ensuring that law enforcement agencies have the necessary mechanisms at their disposal to effectively fight serious crime.
    Original languageEnglish
    Pages (from-to)478-489
    Number of pages12
    JournalComputer Law and Security Review
    Volume31
    Issue number4
    DOIs
    Publication statusPublished - Aug 2015

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    personal data
    Data privacy
    EU
    right to privacy
    data protection
    law enforcement
    legal system
    evidence
    jurisdiction
    assistance
    Crime
    offense
    Law enforcement
    uncertainty
    Microsoft
    European Union
    Personal data

    Cite this

    Svantesson, Dan ; Harrison, Felicity. / Access to extraterritorial evidence : The Microsoft cloud case and beyond. In: Computer Law and Security Review. 2015 ; Vol. 31, No. 4. pp. 478-489.
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    Access to extraterritorial evidence : The Microsoft cloud case and beyond. / Svantesson, Dan; Harrison, Felicity.

    In: Computer Law and Security Review, Vol. 31, No. 4, 08.2015, p. 478-489.

    Research output: Contribution to journalArticleResearchpeer-review

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