You know a matter is serious when a top international tribunal takes upon itself to change the course of society. This year, three rulings of the Court of Justice of the European Union, the highest judicial authority of the EU, show its grave concern for the data-hungry world in which we live and its desire to change it. Each of these rulings targets a different audience – the state, the corporate world and the citizen – but all of them uphold the role of privacy as a right that is threatened by our tech-driven existence. The effects of these decisions go beyond the pure legal technicalities of interpreting European data protection law because their consistent message is that society as a whole, in the EU and elsewhere, should be less tolerant of and more concerned about our dependence on data.
Hogan Lovells today published Pan-American Governmental Access to Data in the Cloud, the fifth installment in a series of White Papers examining government access to data held by Cloud service providers. Examining the right of governments in the United States and Latin America to access data in the Cloud, the White Paper concludes that the physical location of Cloud servers does not significantly affect government access to data stored on those servers, and that it is fundamentally incorrect to assume that the United States government’s access to data in the Cloud is greater than that in the Latin American countries examined.
With the focus this summer on nation-states’ collection of electronic data, an important question went unanswered – what rights do individuals have to challenge government access to their data? We set out to answer that question in the fourth installment in Hogan Lovells’ White Paper series examining government access to data held by service providers. In the White Paper, available through this blog post, we compared the ability of citizens and non-citizens to challenge government access to data in the U.S., France, Germany, the UK, and Australia, concluding that of the countries surveyed, the right of redress appears strongest in the United States.
Hogan Lovells today published the next installment in a series of White Papers examining government access to data held by service providers. Today’s publication, An Analysis of Service Provider Transparency Reports on Government Requests for Data, examines the most recent transparency reports published by Google, Microsoft, Skype, Twitter, and LinkedIn concerning law enforcement requests for data in multiple countries, concluding that when the numbers are adjusted for population sizes and the number of Internet users in each respective country, they reveal that the U.S. government requests information from these providers at a rate comparable to — and sometimes lower than — that of several other countries, including many European Union member states.
Jan Albrecht, the rapporteur for the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs, released a draft report last month with key proposals to amend the European Commission’s proposed Regulation on data protection. The report includes a total of 350 amendments to the original proposal. Highlights of the 215-page report include the following: