Wednesday, April 26, 2017

Microsoft does not want to provide EU data to EU investigators

Microsoft wants to continue to dispute with the US government’s disclosure of data. At the end of July, Federal President Loretta Preska had decided that Microsoft would have to issue the data. In order to give the computer company the opportunity to appeal, the enforcement of the publication was postponed. However, under pressure from the investigators, Judge Preska was forced to cancel the postponement.


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US media reported that Microsoft does not want to release the e-mail data requested by US investigators from its data center in Ireland as long as the appeal process is ongoing.


Both Microsoft and the investigators are expected to issue an opinion by next Friday, as it should proceed in the case. According to news agency Reuters, the group has already announced that it will not accept the new decision. It is assumed that the case will be heard before the Court of Appeals.


Last Wednesday, Data Protection Commissioner Brendon Lynch also commented on the matter: Microsoft customers should enjoy the same data protection as paper-based letters sent by mail, regardless of where they were stored. In addition, Lynch's case could have far-reaching consequences outside the US.


In this context, he referred to a new UK law that requires IT companies to publish e-mails wherever they are stored. Lynch warned that this could also happen to Americans who had never been in the UK.


Microsoft's legal struggle is a source of concern for serious damage to its own cloud computing business. The federal government has already announced that it should never entrust its data to a US company if the judgment should be final.


The decision is based on the implementation of the search warrant, issued in December 2013, which gives the US Department of Justice access to a customer's stored e-mails. A criminal investigation into drug abuse is taking place against the holder of the Microsoft account.


Microsoft got back cover from other American IT corporations like Apple, Cisco, AT & T and Verizon, which supported Microsoft's court in court. In a 20-page opinion, they explained why a right to search for foreigners could pose serious problems for US companies. They argue that direct disclosure of the data would violate European law.

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