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Hogan Lovells Publishes White Paper Examining the Rights Individuals Have When Challenging Government Access to Their Data

24 September 2013

WASHINGTON, D.C. 24 September 2013 – Hogan Lovells recently released the fourth installment in a series of White Papers examining government access to data held by service providers. This most recent White Paper compares the ability of citizens and non-citizens to challenge government access to data in the U.S., France, Germany, the UK, and Australia.

Individual Rights to Challenge Government Access to Data in the Cloud, was authored by Christopher Wolf, Co-Director of Hogan Lovells' Privacy and Information Management practice, with assistance from colleagues Bret Cohen and James Denvil.

The White Paper follows up on An Analysis of Service Provider Transparency Reports on Government Requests for Data, which compared the number of government access requests to Cloud service providers who have published those numbers; A Sober Look at National Security Access to Data in the Cloud, which compared the mechanisms international governments can use to access sensitive foreign intelligence information; and A Global Reality: Governmental Access to Data in the Cloud, which compared the mechanisms international governments can use to access Cloud data during the course of ordinary law enforcement activities.

This study found that each of the countries surveyed for the White Paper provides both citizens and non-citizens with the ability to challenge government access to data they store with a Cloud service provider during the course of typical criminal and administrative investigations, as well as remedies if they suffer harm from unlawful government access.

"The right of redress is strongest in the United States," said Wolf. "This White Paper provides individuals with remedies available when the government conducts illegal national security surveillance."

To read the White Paper in its entirety please visit: http://www.hldataprotection.com/files/2013/09/Individual-Rights-to-Challenge-Govt-Access-to-Data-in-the-Cloud.pdf.

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