Cloud computing and trans-border law enforcement access to private sector data. Challenges to sovereignty, privacy and data protection.

The controversial PRISM programme has uncovered a global reality of trans-border law enforcement access to private sector data, triggered by cloud computing. Law enforcement agencies are indeed increasingly targeting foreign cloud computing service providers. This reality poses challenges to both state interests and individual rights, as it does not only disturb the relations between sovereign states, but also causes legal uncertainty for the individual as regards the applicable privacy and data protection standards for law enforcement access to personal data and metadata in the fight against cybercrime.

Publication year:2013

Keywords:Prism, Privacy, Data protection, Surveillance, hacking, Jurisdiction, Transparency

Accessibility:Open