Microsoft Lays Out Cross-Border Data Access Principles

Microsoft is calling on governments to follow a set of principles for cross-border data access policies, including independent judicial review and dispute resolution mechanisms. Microsoft’s Sept. 11 call for law enforcement data access standards follows the European Commission’s introduction recently of proposed e-evidence legislation. In March, Congress passed legislation governing how U.S. law enforcement can access data overseas.

The company laid out six principles that it said “have driven, and will continue to drive, our advocacy as governments reform their laws and negotiate international agreements.” Microsoft urged government officials to allow cloud providers to notify users about government access to data; give providers a path for challenging such requests; seek data directly from companies rather than cloud providers when possible; and provide for transparency, in addition to calling for judicial review and dispute mechanisms.