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ARTICLE · 20 JANUARY 2016

Storing Data In Canada Won't Necessarily Shield It From US Scrutiny

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Two recent decisions emphasize that data seized in Canada by Canadian authorities is nevertheless subject to investigation by foreign, and in particular American authorities.

CanadaPrivacy
Douglas Scott
Douglas Scott
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Two recent decisions emphasize that data seized in Canada by Canadian authorities is nevertheless subject to investigation by foreign, and in particular American authorities. Storage of data in Canada will not necessarily shield if from review by foreign authorities.

The Mutual Legal Assistance in Criminal Matters Act (the "Act") provides for mutual legal assistance in criminal matters between Canada and foreign nations.1 As most of us raced to get ready for the holidays, Ontario and British Columbia courts released two intriguing decisions addressing whether the Act permits expert investigators from the United States to analyze data seized under warrant in Canada.

United States of America v. Bin

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