CPDP 2019: The Cloud act and E-evidence: "America first or GDPR first? …
THE CLOUD ACT AND E-EVIDENCE: “AMERICA FIRST” OR GDPR FIRST? CHALLENGES OF TRANSATLANTIC ACCESS TO E-EVIDENCE IN LAW ENFORCEMENT.
Organised by Privacy Platform
Moderator: Sophie in ‘t Veld, MEP (EU)
Speakers: Katitza Rodriguez, EFF (US); Guido Brinkel, Microsoft (DE); Jennifer Daskal, American University Washington College of Law (US); Mark Gray, DG JUST (EU)
In March last year the US CLOUD Act was passed as part of a two-thousand page spending bill covering 1.3 trillion dollars, without any congressional debate. A few months later, the European Commission published its e-evidence regulation proposal for easier access to electronic evidence for law enforcement purposes. By the end of January, the Commission will recommend the Coun- cil to grant a mandate for negotiations with the US on an EU-US agreement under the CLOUD Act. What are the consequences of the CLOUD Act and a forthcoming EU-US agreement for data privacy of Europeans? Are the US and EU racing against each other to the bottom: weaker privacy protections and eliminating judicial checks and legal safeguards? Will the EU propose the same arrangement to Russia or China if they adopt their own CLOUD Act? How can law enforcement cooperation work in the digital age without compromising citizens’ rights?