Government Access to Data for Criminal Law Purposes: Global Convergence and Challenges

Peter Swire, Kenneth Propp, Katherine Harman-Stokes, Anitha Ibrahim

This panel addresses the intersection of the “globalization of criminal evidence” with privacy and human rights protections, addressing: the OECD Declaration on Government Access (2022); updates to the Budapest Convention (2022); a Global Privacy Assembly resolution (2021); and the CLOUD Act (2018), as well as proposals such as the EU E-evidence Directive and the UN Cybercrime Convention.

Peter Swire, Professor, Georgia Tech School of Cybersecurity and Privacy
Kenneth Propp, Professor of European Union Law, Georgetown University Law Center
Katherine Harman-Stokes, Acting Director, Office of Privacy and Civil Liberties, U.S. Department of Justice
Anitha Ibrahim, AWS Public Policy – Data Protection & Cybersecurity at Amazon Web Services (AWS)

Readings:

• Gentlemen’s Rules for Reading Each Other’s Mail: The New OECD Principles on Government Access to Personal Data Held by Private Sector Entities

• Has the Time for an EU-U.S. Agreement on E-Evidence Come and Gone?