The UK and the US signed a new data-sharing agreement on 3
October designed to facilitate the exchange of evidence and enhance
co-operation between the two countries and their respective
investigatory authorities.1 The first of its kind in the
world, the US-UK Bilateral Data Access Agreement (the
"Agreement") has been heralded on both
sides of the Atlantic as an historic agreement which will radically
speed up investigations by removing barriers that currently impede
the collection of electronic evidence located abroad.
Background to the Agreement
Although the full Agreement has not yet been released, it allows
law enforcement to obtain court authorisation to directly approach
technology companies in the other country that are holding
electronic evidence relevant to an investigation. While previously
obtaining this sort of data would usually require undergoing the
cumbersome and time-consuming Mutual Legal Assistance
("MLA") process, it is hoped that
providing a
