Logo CPDP2019
Friday 1 February 2019
Grande Halle
Georgia Tech Institute for Information Security and Privacy

Panel Description

Since the last CPDP, the U.S. has enacted the Cloud Act, and the Commission has published its proposed E-Evidence Directive and Regulation.  These law and policy changes result from a technological change – the shift to cloud computing.  Evidence of crimes used to exist locally; today it is very often stored in a different jurisdiction.  This panel highlights global experts on these issues, which call for: (i) responses to legitimate law enforcement requests; (ii) the need to promote privacy and human rights as essential to new legal approaches; (iii) a workable regime for companies holding the data; and (iv) risks to the global Internet from pervasive data localization.

• What are the advantages and disadvantages of the Cloud Act and E-Evidence approaches compared with Mutual Legal Assistance Treaties and European Production Orders?
• What are the advantages and disadvantages, concerning privacy and human rights protections, of the new proposed regimes? How might these protections be improved?
• What should be the role for electronic service providers in reviewing (and perhaps contesting) direct law enforcement requests under these new regimes? 
• More countries have implemented (China, Russia, Vietnam) or are considering implementing (India, Indonesia) data localization requirements.  To what extent can new law enforcement regimes such as Cloud Act and E-Evidence address the perceived need in these and other countries for data localization?  

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