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Peter Swire

Government Access to Records Held in the Private Sector – Why Variations in the Role of “Government” Could Be Important

The globalization of criminal evidence has increased the need to develop data access and request mechanisms such as the OECD process on Government Access to Data Held in the Private Sector. The development of such mechanisms could benefit from a per-jurisdiction analysis of variations in expectations for government vs. private sector responsibilities when it comes to the management and scrutiny of such data requests. [...]
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Observer Research Foundation Issues Report on India’s Proposed Data Protection Law and a Possible India-U.S. Executive Agreement Under the CLOUD Act

In a new in-depth report published by the Observer Research Foundation (ORF) and developed with the support of the Cross-Border Data Forum, authors Sreenidhi Srinivasan and Osho Chhel discuss the current state of play in India's negotiations for a comprehensive data protection law to standardize how data may be collected, used and shared in an effort to protect individual privacy.  [...]
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Atlantic Council Issues Report Urging U.S. and India to Discuss Cross-Border Data Flows as Part of Trade Talks

This post examines a report issued in March 2022 by the Atlantic Council entitled, “Trading in U.S.-India Data Flows: Prospects for Cooperation in U.S.-India Data Policy.” Noting the opportunity created by the reconvening of the U.S.-India Trade Policy Forum (TPF), this report urges the Biden administration and the Modi government to pursue cooperation on cross-border data flows. [...]
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