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#Encrochat: The UK/USA Data Access Agreement covers communications data and targeted interception




The assistance which the USA can request from a UK TO under the UK/USA Data Access Agreement is not limited to communications data. It can include, for example, assistance with targeted interception.


The UK/USA Data Access Agreement covers both preservation and disclosure of communications data.


If the request related to real-time traffic then, technically, this is likely to require more work in advance, and so is unlikely to be a common request.


If, however, the request related to a stored communication (e.g. an email on a mailserver, or a voicemail on a voicemail server), then this may be easier, from a technical point of view.

In either case, the UK TO would want to ensure that their conduct was lawful under the Investigatory Powers Act 2016, and that they provided the requested information to the USA in a suitably secure manner.


 

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