Irish government says an international treaty is needed

Sep 4, 2014 11:53 GMT  ·  By

Microsoft’s legal dispute with the United States government in a case where the software giant is required to provide access to data stored in Ireland continues, as an American judge has recently lifted a stay on an order calling for the company to comply with the requirements.

The Irish government said in a statement that despite Microsoft’s opposition to the ruling, the two countries needed a treaty to prevent such cases in the future, especially because such a matter could have implications across Europe, where other countries might come up with similar requests for access to data stored overseas.

Irish minister Dara Murphy explained that the country must make sure that locally stored data was secure and access to details was only provided based on agreements with other countries.

"Co-operation in the area of law enforcement is a fundamental element of our international relations, in particular with our partners in the US, which is why the issue of the transfer of the data itself is not objectionable, but rather the process that is being utilized,” she said, according to Belfast Telegraph.

"We must ensure that our data is afforded the maximum protection available and only transferred to other jurisdictions after the process set down in the Mutual Legal Assistance Treaty has been followed."

Microsoft claims that a search warrant issued by the United States government should only be valid in the country and warns that if authorities are allowed to access data stored overseas, faith in cloud computing could fall dramatically.

At the same time, Redmond warns that some other countries might follow soon with similar requests, which would obviously impact user privacy and, in the end, affect its business.

“If the U.S. government prevails in reaching into other countries’ data centers, other governments are sure to follow. One already is. Earlier this month the British government passed a law asserting its right to require tech companies to produce emails stored anywhere in the world. This would include emails stored in the U.S. by Americans who have never been to the U.K.,” Microsoft notes.

The company has already announced its decision to appeal the judge’s ruling and has even launched campaigns in the United States to make people aware of its efforts to protect privacy against the government’s willing. “Your email belongs to you,” reads the message of one of the campaigns that has recently been published on the first page of newspapers sold across the United States.