Thank you Dan Svantesson for sharing preparatory work for a February 2018 conference on access to digital evidence in the cloud. The document, written by a group which comprises academia, relevant companies (including Apple, Google, Facebook and Microsoft) as well as regulators (including the EC and the USDJ), at this stage does not offer solutions. Rather, it sets out principles along which a future framework could be set out, including the concept of data control (not to be confused with data controller) and actual provision of service.
One of the issues to look out for is how a future international approach to access and jurisdiction in criminal matters may differ from courts’ and regulators’ approach in civil jurisdiction (including data protection and privacy).
Geert.
