Hillary Clinton
Democrat

Hillary Clinton's policies onScience & Tech

Update procedures concerning cross-border requests for data by law enforcement

Hillary recognizes the need for updated, streamlined, and privacy-protective procedures for the sharing of data across borders in response to legitimate law enforcement investigations. The current system for fulfilling governmental requests for data– which centers on the Mutual Legal Assistance Treaty (MLAT) process—is cumbersome and time consuming. This system encourages data localization, the use of surreptitious means of accessing sought-after data, and unilateral assertions that often put U.S.-based companies in the middle of conflicting legal regimes. Hillary will seek to modernize the MLAT process, in keeping with the recommendations of the President’s Review Group on Intelligence and Communications Technologies, and pursue agreements with likeminded countries to allow for law enforcement agencies to obtain data across borders in a manner that respects privacy, security and human rights.

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