US Court Ruling Prohibits US Government Seizure of E-mails Stored Outside the United States

A federal appeals court handed a major win to Microsoft when it ruled that US authorities cannot compel US tech companies to disclose e-mail content that they store on servers located outside the United States.

The case arises from Microsoft’s refusal to comply with a warrant obtained by US law enforcement authorities seeking production of Microsoft customer e-mails stored on servers maintained by Microsoft’s affiliate in Ireland. In a highly-anticipated decision, issued July 14, 2016, the US Court of Appeals for the Second Circuit ruled that the long-standing limitation of US warrants to searches and seizures of information located in the United States applies equally to data stored in the “cloud.” Therefore, the court found that the data stored in Ireland was beyond the reach of US law enforcement authorities. See In re Warrant to Search a Certain Email Account Controlled & Maintained by Microsoft Corp., Case No. 14-2985 (2d Circuit July 14, 2016).

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Big data, bigger opportunities? Victorian Commissioner appointed to head UN ‘big data’ privacy review

Victoria’s current Commissioner for Privacy and Data Protection has been appointed by the United Nations to head a global study into big data, under the auspices of the UN Special Rapporteur on the right to privacy.

  • Big data poses significant commercial opportunities for businesses, but also creates significant risks to the privacy of individuals.
  • This appointment creates an opportunity for Victoria to shape the development of the ‘right to privacy’ globally as it relates to big data, and also remain in-touch with the latest global developments. Continue reading