Irish Government supports Microsoft in battle against US

MICROSOFT has been waging a long-term legal battle with the US Government over access to users’ private data. Now a powerful ally has sided with the company.

Microsoft says private data 'at risk' in court case

THE Irish Government has waded into the legal battle between Microsoft and the US Department of Justice, firmly positioning themselves on the side of the computer and software company.

Both the Irish Government and a member of the European parliament have formally expressed concerns in Microsoft’s favour that counter US authorities’ legal argument in the case.

The US Government wants Microsoft to turn over customer data via a regular warrant.

The case relates to a criminal search warrant issued on December 4 last year under the US Stored Communications Act seeking “all content data associated with a specific email account”.

The legal dispute centres on the interpretation of who owns the information given that the account owner is an Irish citizen who lives outside the jurisdiction of the US Department of Justice.

In short, the department wants access to data saved abroad, with what is essentially a local law.

Irish Data Protection Minister Dara Murphy said the right of individuals to the protection of their personal data was “an essential foundation for modern society and the growing digital economy”.

“We must ensure that individuals and organisations can have confidence in the rules and processes that have been put in place to safeguard privacy,” he said.

The implications of this case will be far reaching for tech companies that provide cloud data storage as well as international laws around data retention.

If Microsoft loses the case it could result in difficulties for US-based tech companies that sell cloud-based services. Consumers outside the US may be wary of the lack of privacy afforded to them by the behaviour of the US Government and may instead opt for a local provider.

Microsoft vice-president Brad Smith welcomed the involvement of the Irish Government and stressed the importance of having the debate on an international stage.

“The Irish Government’s engagement underscores that an international dialogue on this issue is not only necessary but possible. We’ve long argued that it’s best for law enforcement to move forward in a way that respects people’s rights under their local laws,” he said.