Tech firms to be forced to give police overseas data

BRUSSELS: Technology companies such as Google, Microsoft and Facebook will be forced to hand over users’ data to European law enforcement officials even when it is stored on servers outside the bloc, under a law proposed by the EU on Tuesday.

The law would allow European prosecutors to force companies to turn over data such as e-mails, text messages and pictures stored online in another country, within 10 days or as little as six hours in urgent cases.

The European Union executive says the proposed law, which would apply to data stored inside and outside the bloc, is necessary because current legal procedures between countries to obtain such electronic evidence can drag on for months.

“Electronic evidence is increasingly important in criminal proceedings,” said European Commission Vicepresident Frans Timmermans.

“We cannot allow criminals and terrorists to exploit modern and electronic communication technologies to hide their criminal actions and evade justice.”

Digital borders are a growing global issue in an era where big companies operate so-called cloud networks of giant data centres, which mean that an individual’s data can reside anywhere.

Technology companies have found themselves torn between protecting consumers’ privacy while cooperating with law enforcement. The political pressure has intensified after militant-inspired attacks across Europe in recent years.

The United States recently moved to address the same problem, passing a law making it clear that US judges could issue warrants for data held abroad while giving companies an avenue to object if the request conflicts with foreign law.

Prosecutors and police will have to ask a judge to approve their request for electronic evidence where it concerns more sensitive data, such as the actual content of messages, e-mails, pictures and videos.

They will also be able to ask companies to ensure electronic evidence is not deleted while they prepare their so-called production order.