Criminal Investigation' Status in the Cloud from EU and US’ View

The EU General Data Protection Regulation is a manifestation of how states regulate access to the Cloud data. But the EU standards set out in this Regulations are distinct from the US technology companies’ obligations in the Cloud based on its state regulation, territorial state, datacenter state or user state. The study of legal aspects of this situation and its impact on exercise of jurisdiction and criminal investigation in Cloud are goals and subject of this article, which is important and innovative in this regard.

The present study is based on a descriptive and analytical method and based on library documents and resources to respond one question. Main question is what is criminal investigation’s status in Cloud by EU and US Regulations?

Research findings indicate that the EU General Data Protection Regulation prohibits US law enforcement from criminal investigation in stored data user of technology companies Cloud or having headquarter or Data Center in the EU member states’ territory. But the US recognizes its criminal jurisdiction and want to operate its criminal investigation accordance with the Electronic Communication Privacy Act and based on user nationality or headquarter of technology company. This approach is contrary to the principles of criminal jurisdiction in the Cloud from EU’ view, While the US has agreed to the principle of criminal jurisdiction in the Cloud. So, intervention of the US authorities in accessing the data stored by its Cloud user in a Data Center located outside the US territory is the US extraterritorial criminal jurisdiction and interference in foreign state’s affairs.