PP931
Analítico de Periódico
DASKAL, Jennifer
Unpacking the CLOUD Act / Jennifer Daskal
Eucrim. The European Criminal Law Associations' Forum, n.4 (2018), p.220-225
COOPERAÇÃO JUDICIÁRIA EM MATÉRIA PENAL, PROVA DIGITAL / EUA, DIREITO À PRIVACIDADE, EXTRATERRITORIALIDADE
This article seeks to demystify the recently enacted Clarifying Lawful Overseas Use of Data (CLOUD) Act, enacted in March 2018 by the U.S. government in an effort to address challenges faced by law enforcement in accessing data located across borders. It explains the two parts of the act, dealing with: (i) U.S. access to data located outside the United States; and (ii) foreign government access to data held by U.S. companies within the United States. As the article highlights, the CLOUD Act offers a model for both responding to law enforcement needs and setting – and raising – baseline privacy protections. In that regard, it is a step in the right direction, although there is much more work to be done.