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IRELAND HAS JOINED Microsoft’s court case against the US government in a bid to stop the company being forced to hand over confidential data.
The government today announced it was filing an “amicus brief” – a submission from a third-party not involved in a case - in the company’s appeal.
Microsoft is fighting a court order that it release email details stored on one of its Dublin servers which related to a US drug-trafficking investigation.
The tech giant argued the data fell outside US jurisdiction, but a judge previously disagreed – arguing an American company controlled the data so it should be handed over to officials in answer to a warrant issued late last year.
Data Protection Minister Dara Murphy said the Irish and US governments already co-operated in criminal matters, but there were “important principles of public policy at play” in this case.
“The right of individuals to the protection of their personal data is an essential foundation for modern society and the growing digital economy,” he said.
We must ensure that individuals and organisations can have confidence in the rules and processes that have been put in place to safeguard privacy.”
A big case for multinationals in Ireland
The case has big implications for both the reach of privacy laws and for Ireland’s foreign direct-investment sector - particularly multinational tech companies with major operations in the country like Google and Facebook.
The US move falls foul of both Irish and European data-protection laws, but if Microsoft loses it could open the door for other multinationals to be forced to hand over information held in offshore locations.
Apple and eBay, among several other tech firms, have also handed in submissions to the US court backing Microsoft’s position.
Organisations including the German government have said they would pull their data out of American companies’ servers if the ruling stood.
Microsoft general counsel Brad Smith said the government’s involvement showed an international dialogue was “not only necessary, but possible”.
We’ve long argued that it’s best for law enforcement to move forward in a way that respects people’s rights under their local laws,” he said.
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Totally agree with the government on this decision.
For once I have to agree with the governments stance on this. I still hate them but they are in the right here.
Better if kenny looked after his people rather than his wealthy friends
This does actually look after his people
Agree with Cooperguy here. It’s difficult not to see that this is anything BUT looking after any sort of elites. This is EXACTLY the type of thing I want my government fighting for.
If a US judge has duristiction in my country, I want to be able to vote for his masters. Seeing I can’t, he can féck off.
This isn’t about the investigation. If I can’t keep my business away from the prying eyes of the US, I want a new government that will fight for that right on my behalf. Right now, that’s what they’re doing.
I’m not the governments biggest fan, but this is a good thing. They should be applauded for it. If you’re going to complain, complain that they’re not pushing back hard enough.
Kenny is a two faced little ferret. He is willing to fight for Microsoft while allowing GCHQ unrestricted access to the private emails and phone call of the Irish people.Make no mistake he is only doing this for personal political gain.
*I will add though that the US demanding jurisdiction in another country without that countrys consent is completly unacceptable.But Enda cannot protect one company on one hand while over looking another doing the same thing.
all this is doing is giving their opinion showing concern haven’t actually came out and stated that this should not be facilitated by microsoft and it will also set a precedent for jurisdiction on any foreign company operating here having to allow access to data concerning irish citizens by foreign security agencies and enda hasn’t got the bottle to stand up an state outright opposition to this and could be a precoursor to ttip
That’s a guaranteed 180 for Enda Kenny then……….
“The right of individuals to the protection of their personal data is an essential foundation for modern society and the growing digital economy,” he said.’
Well, except with PPS numbers and so on. Minor stuff, you know
Absolutely nothing can be done with someone’s PPS number and any civil servant in the country could access your PPS number in 5 seconds. Irish Water is no longer collecting PPS numbers, but congratulations on getting a whinge about water charges into a completely unrelated article.
it wasn’t about water charges. it was about personal data.
all the same, your post is interesting. are you now telling us that pps isnt personal data? and because it is easily accessed then it REALLY isn’t personal data?
congratulations on reducing personal data to nothing because it is easily accessed. a first there.
i assume the irony of your post is completely lost on you
yes well done andrew glad you mentioned that to remind people that the government are willing to jump on the band wagon here to suit themselves but when it comes to their own business at home regarding personnel data the lie about the need for it and only back down from those lies when confronted with largescale opposition hope fully people will wake up to their populist propaganda they put out there for the sheep to get them believe that what they do is in your best interests and not big business
Your PPS number is personal data and I never said otherwise. As is your name and address and date of birth which every private utility company has. The point is there is absolutely nothing anyone can do with your PPS number.
Sean Macc. Im not going to comment on IW* but I will say that with your PPS number, address and a bit of slight of hand with some paperwork I could for example apply for the dole in your name even if you are working.**Having your address and pps number I could apply for credit in your name open bank accounts online.I could completly destroy your credit rating.I could even apply for a passport in your name by requesting you birth cert be sent to my address.It takes incredibly little information to completly take over someones life on paper.
* The information pack you sent to Abtran ,which already has had a leak, contains exactly what a criminal would need to give you one hell of a new year.
**I could have it paid for years before being caught in an investigation and even then if I were smart enough manage to spot the law while signing on and so get away.
‘The point is there is absolutely nothing anyone can do with your PPS number.’
Advice for you. When you are in a hole, stop digging
At no point in applying for a birth certificate online does the HSE ask for your PPS number. They do ask for other personal details.
Social welfare now uses biometric cards to stop fraud.
No bank will let you open an account without several approved photo identifications and particular utility bills in your name proving your address. PPS number again does not come into it.
I know I dont need it for your birth cert.I could apply for that anytime.Thats not rocket science but with that your pps and slight of hand I could become you on paper.I worked in fraud detection and in counsular services. Please believe me when I tell you that with what you think is innocent data if someone wanted to take your life over they could.Im not going into the ins and outs of IW or FG policy. Im trying to educate you so that you can save yourself a whole pile of trouble.Look I imagine your smart enough to shred things like your credit card statements and utility bills once you have checked them for errors.Your name, address and pps can with a few phone calls get me things like your mothers maiden name ect.A bit of bluffing can get those utility bills or card statements resent to your address. All Id have to do is intercept your postman while your at work and collect the post.Works even better if you live in a flat complex.As I said Im just trying to give you a heads up.Nobody thinks it will happen to them until it does.
@Sean Macc
The office of the Registrar General is now under the Dept. of Social Protection. Why the HSE continue to use online certificate sales as a source of revenue is in itself an unnecessary use of personal data.
What happens when a customer interacts with this page typifies what this Government thinks of its citizens personal data.
http://www.welfare.ie/en/Pages/Apply-for-Certificates.aspx.
Think your all missing the big picture here folks. The one with Dara Murphy our guy in the TTIP negotiations.
Enda sleeping with the devil ah sure i knew he had it in him, money can do that to you.
Did u even read the article?
The irony.
When the Government paid-for Irish Water wanted the PPS numbers of everyone in Ireland in order for them to make a profit on it.
Does the journal not have the public interest to ask its readers to vote on whether we agree or disagree with this decision?
I’m outraged by this article. I can’t see any way I can make a witty & scathing comment about water charges.
The American judge is basically saying American law applies here and Ireland’s or EU law doesn’t. That’s a very dangerous road to go down. Well done to the irish government.
Just two weeks ago this same government signed an SI allowing countries including America to spy on us, legally. Yet now they are saying data on Irish servers is ‘protected’. What they are really saying is we can’t give you that data openly, but feel free to collect it by using spying techniques, thats perfectly acceptable.
For better or worse, what the court is saying is that American natural and legal persons are obligated to follow American law no matter where their place of domicile, even if in a foreign nation, and that that obligation supercedes any obligations to local law.
While potentially devastating to nations’ sovereignty and international relations, the fault really lies in the legislative drafting of the law and not the court’s interpretation. (In many ways, American law is more far reaching and draconian than anything the British government implemented before the American Revolution). The court will most likely side with the U.S. In the end, so it is up to national and EU politicians to engage with the U.S. on a reformulation of the law.
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