In this paper, TLS explores one rationale that some proponents of localization have advanced: that localization will insulate companies from foreign governments’ ability to legally compel access to their data.
We examine not only the legal framework in the United States (U.S.), but also those of other countries, and conclude that legal systems, in general, provide avenues for governments to require companies to respond to data requests, even if data is localized in a different country, and that localization will therefore be ineffective at insulating data from cross-border reach. We begin with a brief (and simplified) overview of applicable U.S. legal principles for law enforcement access to data stored abroad, and then review how other legal frameworks address cross-border data access.
Download the Paper
Download NowMore like this
Global CBPR & Global PRP Systems Playbook: An Actionable Guide for Participation in the Global Cross-Border Privacy Rules and the Global Privacy Recognition for Processors
Find out more
The “Zero Risk” Fallacy: International Data Transfers, Foreign Governments’ Access to Data and the Need for a Risk-Based Approach
Find out more
Data Sharing Between Public and Private Sectors: When Local Governments Seek Information from the Sharing Economy
Find out more
International Data Flows – Cross Border Privacy Rules, Privacy Recognition for Processors, and Global CBPR and PRP
Find out more
CIPL-TLS Discussion Paper I: The Real Life Harms of Data Localization Policies
Find out more
CIPL Study Mapping the APEC CBPR System and EU-US Privacy Shield Requirements to the Provisions of the UK GDPR
Find out more
Local Law Assessments and Online Services – Refining the Approach to Beneficial and Protective Cross-Border Data Flows: A Case Study from British Columbia
Find out more
