Governments are the guarantors of trust in digital technology
The US authorities have requested access to an e-mail user’s e-mails, hosted in a European data center. The company subject to this procedure refuses to comply with the request, and asks that the United States use the judicial cooperation mechanism provided for in the Mutual Legal Assistance Treaty signed in 2003 between the European Union and the United States.
Syntec Numérique considers that the fight against crime and terrorism cannot justify ignoring the founding constitutional principles of the rule of law, and supports the principle of territoriality of criminal law and the need for judicial filtering. As in the physical world, digital users must be assured of the application of rules that guarantee fundamental freedoms.
The application of these principles is necessary for the credibility of a sector that is key to growth and employment. Syntec Numérique joins companies, professional organizations and civil liberties NGOs in supporting this position wherever necessary.
This commentary on digital trust discusses a cross-border dispute about access by US authorities to emails held in a European data centre. It illustrates how legal jurisdiction, international cooperation and technical infrastructure can come into tension when data travels between countries.
Businesses need to understand where their information is hosted, which laws may apply to their service provider and how requests from public authorities are handled. The discussion is historical; the legal landscape for international data transfers has evolved since the original case.
Privacy protection works across an entire information lifecycle. Organisations should know which data they collect, why they need it, who can access it and when it should be deleted. They also need to explain their practices clearly to individuals and manage service providers appropriately. Technical mechanisms such as encryption and access controls are crucial, but decisions about proportionality, transparency and accountability must be made by people. Publications from earlier regulatory periods should be evaluated against the rules and guidance applicable today.
