Hogan Lovells Publishes Analysis of National Security Access to Data in Brazil, Italy, and Spain
24 July 2014
WASHINGTON, D.C. 24 July 2014 – Hogan Lovells announces that it has published an update to the White Paper, A Sober Look at National Security Access to Data in the Cloud (“A Sober Look”), which compares national security access to data stored with Cloud service providers in a number of countries. The White Paper update, authored by Christopher Wolf and Winston Maxwell, adds analyses of the laws of Brazil, Italy, and Spain, and reflects the April 2014 opinion of the European Court of Justice invalidating the EU Data Retention Directive.
A Sober Look adds comparison of the national security access laws of the United States, Australia, Brazil, Canada, France, Germany, Italy, Spain, and the United Kingdom. As with the previous version, the updated White Paper concludes, notwithstanding legitimate questions about the scope and extent of U.S. foreign intelligence surveillance, that U.S. law imposes at least as much, if not more, due process and oversight on foreign intelligence surveillance than other countries afford in similar circumstances.
A Sober Look is one of five Hogan Lovells White Papers examining governmental access to data stored in the Cloud, which also include:
- A Global Reality: Governmental Access to Data in the Cloud, comparing government access in the United States, Australia, Canada, Denmark, France, Germany, Ireland, Japan, Spain, and the United Kingdom;
- An Analysis of Service Provider Transparency Reports on Government Requests for Data, comparing the number of government access requests to Cloud service providers who have published those numbers; and
- Individual Rights to Challenge Government Access to Data in the Cloud, comparing the ability of citizens and non-citizens to challenge government access to data in the U.S., France, Germany, the UK, and Australia;
- Pan-American Governmental Access to Data in the Cloud (July 2014), comparing the mechanisms that that the United States and governments in Latin America (Argentina, Brazil, Chile, Colombia, Mexico, Panama, and Peru) can use to access Cloud data during the course of law enforcement activities.