25 September 2023

New law opens borders to data sharing

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The passage of a new law in the United States creating a framework for law enforcement Agencies around the world to access security data across borders has been welcomed by the Minister for Law Enforcement and Cyber Security, Angus Taylor.

Mr Taylor said the Americans’ Clarifying Lawful Overseas Use of Data Act (CLOUD Act) was a significant step in international law enforcement cooperation in the digital age.

“The CLOUD Act will greatly improve the efficiency of law enforcement’s access to the information they need to do their job and strengthen protections of people’s data, no matter where their data is held,” Mr Taylor said.

“Timely access to electronic data held by communications service providers is an essential component of Government efforts to protect public safety and combat serious crime”

He said those efforts were impeded when access to important data held on servers overseas was slowed down by cumbersome processes, significantly delaying the investigation and prosecution of serious crimes.

“Given the size and scale of technology and communications companies based in the US, the CLOUD Act has the potential to be of significant benefit to law enforcement,” Mr Taylor said.

“Australia welcomes the US taking leadership on this issue.”

He said the CLOUD Act allows bilateral agreements between the US and other countries, which will enable more efficient lawful access to relevant data.

It also establishes important safeguards for lawful access to data based on adherence to human rights norms and the rule of law.

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