On February 27th, an interesting yet complicated case of who can have access to Microsoft data stored internationally will begin in the U.S. Supreme Court. Law360 discusses this highly debated topic with legal experts including JGL Associate Jason Sarfati. Sarfati is one of many who will be anxiously waiting and watching the legal discussions that surround what is more important- privacy rights or law enforcement access. The high court dispute stems from a Second Circuit decision that cancelled a warrant issued under the Stored Communications Act, which would have forced Microsoft to produce customer email content data housed on a server located in Ireland. Microsoft believes that since the data is stored abroad, U.S. access cannot be granted. On the other hand, the U.S. Department of Justice believes that since the company who manages the data is located in the U.S. access should be granted to the international data. "I don't expect the nine justices to necessarily line up in the traditional liberal and conservative wings, given that multiple movements and desires are playing out all at once," Jason Sarfati said told Law360. We will all be watching the case and discussions unfold as legislation, legal and technology experts all come together.
Jason Sarfati is a member of the International Association of Privacy Professionals (IAPP), the largest and most comprehensive global information privacy community. Jason holds the CIPP/US certification (Certified Information Privacy Professional / US concentration), which means that he is particularly well versed in the data privacy laws that govern the private sector in the United States. His practice focuses on advising clients how to comply with federal and state privacy laws governing the collection, use, retention, and disclosure of private or otherwise sensitive information. Jason also has broad experience in offering his clients transactional support in negotiating technology transactions with both private and public entities.
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