Australia and the US have joined a new data access regime. 

A 2021 agreement between Australia and the United States, aimed at streamlining access to electronic data, has officially come into effect. 

The pact, known as the CLOUD Act deal, promises to improve the ways that authorities on both sides of the Pacific access data held by tech companies in serious crime investigations.

US Attorney-General Merrick Garland and Australian Attorney-General Mark Dreyfus, in a joint statement, have characterised the agreement as a transformative step in enhancing international cooperation. 

“The Agreement will transform and enhance international cooperation in addressing serious crimes,” they said, highlighting its potential impact on tackling issues ranging from terrorism to child sexual abuse.

The core of this agreement lies in providing “more timely access” to data held by service providers in both countries, a move that is expected to significantly bolster the efforts of US and Australian agencies in preventing, detecting, investigating, and prosecuting serious crimes. 

Furthermore, this agreement also aims to reinforce national security measures.

However, it is not just about unbridled access. The agreement comes with a range of safeguards, focusing on protecting human rights, civil liberties, and adhering to the rule of law. 

These include “stringent privacy and oversight protections”, ensuring that the data collection aligns with the robust requirements set by the agreement.

In Australia, this agreement is anchored in the Telecommunications (Interception and Access) Act 1979, while in North America, it is supported by the Clarifying Lawful Overseas Use of Data (CLOUD) Act. 

Analysts say that while the CLOUD Act deal is a leap forward in the fight against serious crimes, it must balance the need for effective law enforcement with the imperative of protecting individual rights and liberties.

The full agreement is accessible here.