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#Encrochat: What UK citizens need to know about the UK/USA Data Access Agreement

Under the UK/USA Data Access Agreement, the USA can make requests for information directly to UK telecommunications operators, or the purpose of obtaining information relating to the prevention, detection, investigation, or prosecution of a serious crime, including terrorist activity.

As such, from October 3rd 2022, when the UK/USA Data Access Agreement comes into force, UK TOs might receive requests for assistance directly from the US central authority, the US Department of Justice.

The UK/USA Data Access Agreement permits the USA to serve orders directly on providers in the UK (and vice versa).

The key definition is that of "Covered Provider". It means:

any private entity to the extent that it: (i) provides to the public the ability to communicate, or to process or store computer data, by means of a Computer System ["any device or a group of interconnected or related devices, one or more of which, pursuant to a program, performs automatic processing of data"] or a telecommunications system; or (ii) processes or stores Covered Data on behalf of an entity defined in subsection (i).

This is broad.



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