Scylla & Charibdis

Does it matter whether information is stored in the US or overseas, if the same person controls the storage?

“Google and U.S. Fight Over Data,” The Wall Street Journal, April 4, 2017 B4.  Google no longer captures information stored overseas in response to US warrants.  Google isn’t alone.  The government says Google is impeding investigations.  Google calls for an investigation of the government’s conduct, which ignores a US Court of Appeals decision that says information on foreign servers is beyond US jurisdiction.

Where are you going to store your data? In the US, subject to government warrants, or overseas, where different privacy protections apply?  You’re between a rock and a hard place.  The Federal Rules of Civil Procedure provide yet another standard, which is not necessarily limited to the US.

 

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Filed under Access, Controls, Corporation, Discovery, Duty, Government, Internal controls, Legal

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