Proposed EU law could require companies like Apple to share data from foreign servers

Posted:
in iCloud
The European Union is reportedly working on legislation that would require companies to provide customers' personal data for law enforcement even if it's being kept on servers outside of the region.




The situation is something of an about-face for the European Commission, which typically falls on the side of privacy, Reuters said on Monday. In fact while the E.U. executive previously said it wanted law enforcement to be able to access digital evidence stored anywhere within the Union, it made no hint at going beyond that.

One Reuters source indicated that the legislation -- if passed -- would apply to people of any nationality and not just E.U. citizens, as long as they're connected to a European investigation. The law is still in a drafting stage, set to be considered by lawmakers and member countries towards the end of March, and even if supported could take up to two years to be set in stone.

Several sources admitted that the proposal may run into conflict with existing laws, including those in the U.S. Some American companies aren't allowed to share personal data with foreign governments, and indeed sources suggested that the proposal is partly aimed at strengthening the E.U.'s position in negotiating a bilaterial deal with the U.S.

Another goal is speeding up the efficiency of European investigations. Currently E.U. prosecutors are subject to mutual legal assistance treaties, or MLATs, which demand that they ask governments for a local subpoena or search warrant. The process can be slow, and the proposed legislation would bypass MLATs.

Apple is likely to oppose the new law vocally, given its normal stances on privacy and data security. At the same time it may have no choice but to acquiesce, since it probably considers the European market too profitable to abandon.

The company has adopted a similar policy in China, allowing local control of relevant iCloud data, even though it puts that data within reach of the country's authoritarian government.

Comments

  • Reply 1 of 15
    bshankbshank Posts: 160member
    Leave the EU market and let Europeans buy whatever Nokia has to offer
    watto_cobra
  • Reply 2 of 15
    Europe is going the way of China.
  • Reply 3 of 15
    eightzeroeightzero Posts: 2,291member
    I see an opportunity for SpaceX et al: space based servers.
    StrangeDaysjony0
  • Reply 4 of 15
    I don’t want my data stored in us to be shared with EU. I don’t freaking live there.
    watto_cobra
  • Reply 5 of 15
    croprcropr Posts: 914member
    Kuyangkoh said:
    I don’t want my data stored in us to be shared with EU. I don’t freaking live there.
    Of course not.  But that is not what is being proposed.  Although it is not clear in the article it is about data of EU citizens or of people living in the EU.  A US citizen living in the EU might be impacted, a US citizen living outside the EU is not.
    christophbnumenorean
  • Reply 6 of 15
    cropr said:
    Kuyangkoh said:
    I don’t want my data stored in us to be shared with EU. I don’t freaking live there.
    Of course not.  But that is not what is being proposed.  Although it is not clear in the article it is about data of EU citizens or of people living in the EU.  A US citizen living in the EU might be impacted, a US citizen living outside the EU is not.
    The way I understood - Even an US citizen living in US can be impacted, IF there is an investigation going on in EU involving the US citizen. I am unable to see how it can work in real world.
  • Reply 7 of 15
    I think some countries like Russia try very hard to assert influences. It is known fact that Russia has big influence and owns some level of German business and one may know or guess what that means and what authorities are into it. So I would say EU should stay away from US citizens unless they have international warrant (investigation or extradition) and it is approved by US judge. US citizens are not subject to EU laws. I hope that is clear.
  • Reply 8 of 15
    dysamoriadysamoria Posts: 1,981member
    Et tu, E.U.?

    [sad sigh]
  • Reply 9 of 15
    Stock in Cayman Islands server farms?
  • Reply 10 of 15
  • Reply 11 of 15
    crowleycrowley Posts: 5,771member
    If the person is under investigation, and the authorities have a warrant, then I don't have a major problem with this.  It's excessive and unnecessary access to personal information that raises privacy eyebrows, if it's proportionate and pertinent to criminal investigations then there's no major problem, on the assumption that authorities are subject to appropriate levels of oversight.

    Where does this sit in the encryption argument though?  Is the suggestion that the information keeper would be obligated to decrypt the personal information?  I don't see how that could work.
    christophb
  • Reply 12 of 15
    Well this sounds pretty horrific...

    I dont want this to pass. This sounds like it will effect both the UK when we leave and the US if you have any connection to the EU. 

    Big brother on steroids. 
  • Reply 13 of 15
    Join us EU... join us in the lack of oversight.  Privacy should always take a ‘back seat’ to efficiency.  A Police State is very convenient way to run a country, constitutions and civil liberties are overrated.
    anton zuykov
  • Reply 14 of 15
    Europe is going the way of China.
    Yeah except not really. 
  • Reply 15 of 15
    wizard69wizard69 Posts: 12,719member
    Join us EU... join us in the lack of oversight.  Privacy should always take a ‘back seat’ to efficiency.  A Police State is very convenient way to run a country, constitutions and civil liberties are overrated.
    People should be absoluteky scared to death of these sorts of laws that alliw warrantless searches.    No one would accept a cop glying over from the EU and executing a warrantless search in this country so why allow it in the digital world?   

    Sadly this is a workd wide issue driving us to submission to a police state mentality.   Id like to call it a concerted effort to chip away at personal freedom world wide.   Sadly we have too many people in the USA that are far to ready to trade freedom for some thinly expressed concept of safety.    I have significant fears about what the USA and indeed the world at large, will look like in 50 years.  

    More so people need to give up the stupidity of the "left" and "tight" struggle as niether side gives a damn about personal feedom.  
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