{"id":30191,"date":"2018-10-26T14:35:25","date_gmt":"2018-10-26T09:05:25","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=30191"},"modified":"2018-10-26T14:35:25","modified_gmt":"2018-10-26T09:05:25","slug":"sharing-data-across-borders","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/sharing-data-across-borders\/","title":{"rendered":"Sharing data across borders"},"content":{"rendered":"<p><strong><a href=\"http:\/\/www.thehindu.com\/todays-paper\/tp-opinion\/sharing-data-across-borders\/article23419660.ece\">Sharing data across borders<\/a><\/strong><\/p>\n<p><strong>A scenario: The need of data access from other countries<\/strong><\/p>\n<p>Consider a scenario where a crime is committed in India and the suspect and victim are both Indian citizens. If the suspect used a U.S.-based messaging service to plan the crime, an Indian officer investigating would have to raise a request for data to the U.S. government where it is stored<\/p>\n<p><strong>Why data is rendered inaccessible?<\/strong><\/p>\n<ul>\n<li><strong>Data is broken into pieces:<\/strong> Popular service providers increasingly store electronic communications in the cloud, breaking the data into \u201cshards\u201d and distributing the data across different countries<\/li>\n<li><strong>Companies do not store data locally:<\/strong> While these companies offer services in India, they do not store the data locally<\/li>\n<li><strong>No law to grant access to foreign law enforcement agencies:<\/strong> The current U.S. law prohibits service providers from disclosing user data to foreign law enforcement agencies.<\/li>\n<\/ul>\n<p><strong>Clarifying Lawful Overseas Use of Data Act (CLOUD Act): recently signed by US<\/strong><\/p>\n<ul>\n<li>This act will enable the U.S. government to enter into agreements with like-minded states for cross-border data sharing<\/li>\n<li>This will allow law enforcement agencies from these states to directly obtain electronic data, held by communication service providers headquartered in the U.S., to combat crime<\/li>\n<\/ul>\n<p><strong>Why India needs a better system for accessing data?<\/strong><\/p>\n<ul>\n<li>India in the first half of 2017 requested data from Facebook 9,853 times, of which only 54.3% were met<\/li>\n<li>Companies like facebook provide only basic user information, however investigating agencies more than often need more information than that<\/li>\n<li><strong>India-U.S. Mutual Legal Assistance Treaty:<\/strong> Currently, an officer in India would have to make a request for electronic data under the India-U.S. Mutual Legal Assistance Treaty to access content data held by a U.S. company<\/li>\n<li><strong>This process is time consuming:<\/strong> This process has often been criticised by the Indian police for being time consuming, sometimes even taking as long as three years, as well as being cumbersome and outdated.<\/li>\n<\/ul>\n<p><strong>Effect: India will soon push for agreement with US<\/strong><\/p>\n<p>New Delhi, on the back of this development, will soon push for an India-U.S. data sharing agreement to serve the interests of its law enforcement and, more importantly, to make headway in the global cyber norms conversation<\/p>\n<ul>\n<li><strong>Direct access to a company under CLOUD Act: <\/strong>An Indian officer for the purposes of an investigation will no longer have to make a request to the U.S. government but can approach the company directly.<\/li>\n<\/ul>\n<p><strong>But there are conditions for foreign states wishing to sign data sharing agreement with US<\/strong><\/p>\n<p><strong>Protection of privacy and civil liberties:<\/strong> The U.S. requires the foreign states to share a common commitment to the rule of law and the protection of privacy and other civil liberties<\/p>\n<p><strong>US Attorney general to verify:<\/strong> India would be considered to satisfy these requirements based on a determination by the U.S. Attorney General.<\/p>\n<p><strong>An established procedure:<\/strong> India will need to ensure that its authorities collect, retain, use and share data as per an established procedure<\/p>\n<p><strong>Review by court:<\/strong> In addition, Indian laws must provide for electronic data requests to be reviewed by a court or other independent authority<\/p>\n<p><strong>Conclusion<\/strong><\/p>\n<p>As of now, India falls short of these requirements. However, with the government looking to legislate on a new data protection law, this can soon change.<strong>\u00a0<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Sharing data across borders A scenario: The need of data access from other countries Consider a scenario where a crime is committed in India and the suspect and victim are both Indian citizens. If the suspect used a U.S.-based messaging service to plan the crime, an Indian officer investigating would have to raise a request&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/sharing-data-across-borders\/\">Continue reading <span class=\"screen-reader-text\">Sharing data across borders<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[555],"tags":[],"class_list":["post-30191","post","type-post","status-publish","format-standard","hentry","category-test-1","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704868553},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/30191","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=30191"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/30191\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=30191"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=30191"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=30191"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}