The Department of Home Affairs has entered formal negotiations with the United States Attorney General’s office to construct a bilateral agreement to boost law enforcement cooperation between the two countries.
Announced by the Minister for Home Affairs, Peter Dutton, the proposed agreement would come under the US Clarifying Lawful Overseas Use of Data Act (CLOUD Act).
US Attorney General, William Barr said the CLOUD Act was created to permit America’s close foreign partners who had robust protections for privacy and civil liberties, such as Australia, to enter into executive agreements with the US.
“This agreement, if finalised and approved, will allow service providers in Australia and the United States to respond to lawful orders from the other country without fear of running afoul of restrictions on disclosure.”
He said this provided access for both countries to more providers holding electronic evidence that was crucial in investigations and prosecutions.
Mr Dutton said the US legislation recognised that timely access to electronic information held by US-based service providers was critical to efforts to combat serious crime.
“Current processes for obtaining electronic information held by service providers in other countries risks loss of evidence and unacceptable delays to criminal justice outcomes,” Mr Dutton said.
He said that when police were investigating a terrorist plot or serious crime such as child exploitation, they needed to be able to move forward without delay. Legislation like the CLOUD Act was the way of the future between like-minded countries.
“We have some way to go before the agreement is finalised, but once in place it will mean service providers based in the US can respond directly to electronic data requests issued by our enforcement Agencies under Australian law for data critical for the prevention, detection, investigation and prosecution of serious crime,” Mr Dutton said.
