QuestionQ153

Federal Privacy Laws

What is the primary purpose of the Clarifying Lawful Overseas Use of Data (CLOUD) Act?

  • A Codify a treaty with the EU that permits the cross-border transfer of personal information from the EU to the United States in compliance with the General Data Protection Regulation (GDPR).
  • B Update the legal mechanisms through which federal law enforcement may obtain data that service providers maintain in a foreign country.
  • C Establish baseline privacy obligations that U.S. companies must comply with for personal information, even if stored in a foreign country.
  • D Prohibit foreign companies from using the personal information of U.S. citizens without their consent.
Explanation

The CLOUD Act updates the legal framework through which law enforcement can seek electronic data from service providers, including data the provider maintains or controls in another country. It also authorizes qualifying cross-border data-access agreements that enable lawful orders for electronic evidence.

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