US Clarifying Lawful Overseas Use of Data (CLOUD) Act

What is the CLOUD Act?

The CLOUD Act (Clarifying Lawful Overseas Use of Data Act) is a U.S. federal law enacted in 2018 that addresses the access and transfer of electronic data across borders for law enforcement purposes.

Key aspects of the CLOUD Act include:

1. 
   Data Access: The act allows U.S. law enforcement agencies to access electronic data stored overseas by U.S.-based technology companies, even if the data is stored in foreign jurisdictions.
   
2. 
   International Agreements: It enables the U.S. to enter into bilateral agreements with other countries to facilitate cross-border data access for law enforcement. These agreements help streamline the process of obtaining data held by service providers in different countries.
   
3. 
   Privacy Protections: CLOUD establishes provisions to protect privacy and ensure that data access is limited to legitimate law enforcement needs, with oversight and safeguards to protect individuals' rights.
   
4. 
   Conflict of Laws: The CLOUD act addresses conflicts between U.S. law and foreign laws regarding data access and privacy, providing a framework for resolving such conflicts in a way that balances law enforcement needs with international privacy concerns.
   

Data Access: The act allows U.S. law enforcement agencies to access electronic data stored overseas by U.S.-based technology companies, even if the data is stored in foreign jurisdictions.

International Agreements: It enables the U.S. to enter into bilateral agreements with other countries to facilitate cross-border data access for law enforcement. These agreements help streamline the process of obtaining data held by service providers in different countries.

Privacy Protections: CLOUD establishes provisions to protect privacy and ensure that data access is limited to legitimate law enforcement needs, with oversight and safeguards to protect individuals' rights.

Conflict of Laws: The CLOUD act addresses conflicts between U.S. law and foreign laws regarding data access and privacy, providing a framework for resolving such conflicts in a way that balances law enforcement needs with international privacy concerns.

The CLOUD Act aims to enhance law enforcement’s ability to investigate and prosecute crimes involving digital evidence while respecting international privacy standards and improving cooperation between countries.

Secure data protection requires a collective effort. Talk to the team today to discover how Finite State can help you improve your security posture.