Sharing Investigation Specific Data with Law Enforcement - An International Approach

Abstract

The paper aims to better define and then bridge identifiable gaps in the mechanisms and safeguards around the sharing of user data between law enforcement in one jurisdiction and internet providers in another for the purposes of criminal investigation. This is often described as ‘the Mutual Legal Assistance (MLAT) problem’, after the existing international frameworks used to obtain evidence - including communications data - across borders. There are, however, alternatives to MLAT available in differing circumstances, and this in itself adds to the problem.

Keywords: MLAT, communications data, law enforcement jurisdiction