Investigatory Powers Commissioner to Oversee UK-US Data Sharing Agreement

The Secretary of State for the Home Department (“SSHD”) announced yesterday, 6 July, that the Investigatory Powers Commissioner (“IPC”) Sir Brian Leveson, will provide independent oversight of the UK-US Data Sharing Agreement (“the Agreement”) due to come into force later this year.

The Agreement, the first of its kind made under the US Cloud Act, allows law enforcement bodies in the UK and the US to obtain production orders from domestic courts for electronic data held in each other’s territories with a view to expediting cross-border investigation of serious crime.

The Agreement contains minimum standards of privacy and data protection which must be maintained by both signatory States and the IPC will be responsible for overseeing the UK’s use of the Agreement and UK compliance with its safeguards.