PARIS-based International Chamber of Commerce (ICC) has urged law enforcement
agencies across the globe to avoid developing mechanisms that compel companies
to enter into supposedly "voluntary" agreements to deliver up information under
threat of significant, penal, financial, or tax sanctions or local business
suspension if they do not. In a policy statement captioned ‘Cross-border law
enforcement access to company data – current issues under data protection and
privacy law', ICC says LEAs request for data stored in another country through
mutual legal assistance treaties and procedures (MLATs) within existing
frameworks, ensuring appropriate involvement of authorities in the countries
where data are stored.
ICC
other recommendations to law enforcement agencies include: take into account the
possibility that law enforcement requests may violate the data protection or
privacy law of other countries; make requests for access to data only in writing
and in accordance with written law and/or local regulation, rather than through
informal requests and give companies the opportunity to ascertain the legitimacy
of the request and inform the authorities (including their own national
authorities) about their obligations under data protection and privacy law, when
this is required.
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