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  Law Enforcement in the Cloud: UN Wants Fundamental Rights Solution for International Data Access | Bit Updates
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Law Enforcement in the Cloud: UN Wants Fundamental Rights Solution for International Data Access

Thursday, March 1st, 2018 | bitcoin updates

             The UN Data Protection Officer brings into play an "International Data Access Authority" with independent judges to decide on cross-border inquiries from security authorities. The EU is working on a data release obligation


        While the US Supreme Court is brooding over the question of whether Microsoft must provide the US government with private data from other countries, and the EU Commission is working on standards for cross-border "digital preservation of evidence," has been at the United Nations level Shortly a compromise paper on the table. The UN Special Rapporteur on Data Protection, Joseph Cannataci, proposes a "cost-effective and privacy-friendly mechanism" that would allow states to gain access to personal data in foreign territories for the prosecution of serious crime, including terrorism.
Data Liaison Committee of the initiative of the Maltese law professor is an "International Data Access Authority", which is to decide on cross-border inquiries from security authorities in the participating states and issue a corresponding decision in the form of an "International Data Access Warrant" (IDAW). The essential component of the institution, according to the paper, is a court-like chamber of three to five independent judges appointed by the contracting parties. She is to be assisted by an International Committee of Human Rights Defenders, similar to what the US Congress has introduced at the secret monitoring court FISC.

A court of appeal in the form of a special tribunal is also envisaged. The aim is to establish an adequate framework for cross-border data access, which is committed to the rule of law and in line with international human rights principles. National sovereignty and jurisprudence should not be undermined, but should be outsourced to the international legal community in order to be able to reach a legally binding resolution more quickly, in line with the practical requirements of investigators and intelligence services.
Supplement to Mutual Assistance AgreementsThe panel of judges will be able to decide on a proposal online very quickly and theoretically 24/7 via secure videoconferencing, according to the proposal last discussed at an expert conference in Malta in mid-February. The board will work in a similar way to successful dispute resolution bodies in the context of the World Intellectual Property Organization (WIPO) and Top Level Domains (TLDs). The procedure is designed to supplement inquiries about existing Mutual Legal Assistance Agreements, often lasting months or even years.
The international access decision also makes it easier for companies to deal with requests for data from foreign security agencies, recruiting Cannataci for the concept. If they put forward an IDAW, companies could be sure that such a search warrant would sufficiently protect the fundamental rights of those affected and also respect the law of the state in which the data center is located.
Overall, the Special Representative intends to use the project to monitor the state. Relevant existing and new technical systems would have to go through a "human rights assessment", automated scoring decisions such as no-fly lists should no longer exist. States should also be prohibited from charging service or hardware vendors to weaken security techniques such as encryption.
In the meantime, the EU Commission plans to launch its own legislative initiative at the end of March, with which prosecutors should be able to secure "electronic evidence" of providers better and longer. Most of the talk is about inventory data such as name and address, or possibly access codes and passwords, but it's likely to be about data access in the cloud. In June 2016, the EU Council called on the Brussels-based government institution to launch a corresponding set of instruments.
Duty to issue data According to a Reuters report, the Commission tends to switch to a course similar to that of the US government. There is a requirement for online retailers with an EU branch office to have their users' data published on the basis of a court order, even if stored in third countries. So far, all that matters is to help investigators gain access to information that is in other EU countries. Meanwhile, Vera Jourová has agreed with prosecutors that the usual mechanisms for mutual assistance agreements are "very slow and inefficient".
As heise online learned from circles in Brussels, the Directorates-General for Home Affairs and Justice of the Commission are still arguing over the direction of the proposed legislation. It has not yet been decided that a design is not yet on the table, it can be heard.
In the Microsoft case, the Brussels government institution had still reluctantly struck the side of the software giant. MEPs across the Group concluded that the recognition of the US search warrant would upset a number of international agreements and sanction a violation of the fundamental rights of EU citizens. US privacy activists warned against a global "free ticket" for all national jurisdictions. Should the Supreme Court share the view of the US Department of Justice, any country, no matter how authoritarian, could "interrogate" data stored anywhere in the world with a national decision.
 (Stefan Krempl) /




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