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Access to extraterritorial evidence: The Microsoft cloud case and beyond

Svantesson, Dan and Gerry, Felicity (2015). Access to extraterritorial evidence: The Microsoft cloud case and beyond. Computer Law & Security Review,31(4):478-489.

Document type: Journal Article
Citation counts: Altmetric Score Altmetric Score is 81
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IRMA ID 84279116xPUB373
Title Access to extraterritorial evidence: The Microsoft cloud case and beyond
Author Svantesson, Dan
Gerry, Felicity
Journal Name Computer Law & Security Review
Publication Date 2015
Volume Number 31
Issue Number 4
ISSN 0267-3649   (check CDU catalogue  open catalogue search in new window)
Scopus ID 2-s2.0-84937811351
Start Page 478
End Page 489
Total Pages 12
Place of Publication United Kingdom
Publisher Elsevier Advanced Technology
HERDC Category C1 - Journal Article (DIISR)
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.2
Keywords Mutual Legal Assistance
Data privacy
Law enforcement
Investigative jurisdiction
Extraterritoriality
Human rights
Jurisdiction
DOI http://dx.doi.org/10.1016/j.clsr.2015.05.007   (check subscription with CDU E-Gateway service for CDU Staff and Students  check subscription with CDU E-Gateway in new window)
 
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Created: Tue, 26 Jul 2016, 13:01:24 CST