DRI files court brief in support of Microsoft against US access to Irish data
DRI files court brief in support of Microsoft against US access to Irish data
You might have noticed that the US government is bringing a case against Microsoft demanding that it turn over user emails held in its Dublin facilities based on a US search warrant. This is a worrying overreach: the US authorities are seeking information held in Ireland, about a non-US user, without any Irish court order or any reference to the Irish authorities.
We’ve already argued that this undermines the privacy of Irish users and would violate Irish law and we’ve now backed this up by filing a brief in the United States Court of Appeals in support of Microsoft.
We are supported by UK civil rights organisations Liberty and the Open Rights Group, and we say that requests for data held in Ireland should be made through the Mutual Legal Assistance Treaty system between the US and Ireland in a way which would ensure compliance with Irish law. In short, we argue that the US should not unilaterally assert jurisdiction over the personal information of foreigners held abroad.
This was our first time intervening in US litigation and it presented us with entirely new legal and practical issues. Special credit is due, as always, to our superb lawyers in McGarr Solicitors and we are also indebted to White & Case who acted as local counsel to negotiate the finer points of US procedure and to refine the brief presented to the court.
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