On June 24, 2021, Australian parliament passed legislation establishing a framework for its enforcement agencies to access certain electronic data held by companies outside of Australia for law enforcement and national security purposes. The law paves the way for the establishment of a bilateral agreement with the United States under the U.S. Clarifying Lawful Overseas Use of Data (CLOUD) Act.
Similar to the function of the CLOUD Act, the Telecommunications Legislation Amendment (International Production Orders) Bill 2020 enables Australian enforcement authorities to compel companies covered by the statute to provide data, regardless of where the data is stored. The legislation introduces international production orders, a form of legal process for compelling real-time interception of communications or the production of stored communications and telecommunications data, which can be served directly on communications providers in foreign countries with which Australia has an agreement.
Continue Reading Australia Passes Cross-Border Data Access Law, Creates a Pathway for CLOUD Act Bilateral Agreement