Australia-US CLOUD Act deal comes into force

The 2021 agreement between Australia and the US to streamline law enforcement data access is officially in force.

The deal gives law enforcement agencies either side of the Pacific to access data held by tech companies.

In a joint statement by US Attorney-General Merrick Garland and Australian Attorney-General Mark Dreyfus, the two countries said the agreement “will transform and enhance international cooperation in addressing serious crimes”.

“More timely access” to data held by Australian and American service providers, the statement said, “will help US and Australian agencies prevent, detect, investigate, and prosecute serious crime and safeguard our national security”.

The statement said the agreement has safeguards covering human rights, civil liberties, and the rule of law, including “stringent privacy and oversight protections”.

The agreement is implemented in Australia by Schedule 1 of the Telecommunications (Interception and Access) Act 1979; and in North America by the Clarifying Lawful Overseas Use of Data (CLOUD) Act.

The full agreement is published by the US Department of Justice here.