116
A Democratic Licence to Operate
the public that this data-sharing will be done in accordance with UK law. Currently, there
is insufficient clarity over the powers and safeguards governing the exchange of data and
intelligence between international partners.
5.76
By its nature, the Internet crosses the national jurisdictions which confine national
governments, law-enforcement agencies and the SIAs. For commercial organisations, it
is their responsibility to comply with the range of legal frameworks of countries within
which they operate, including compliance with requests for data; after all, it is their
decision to operate in those countries in the first place.
5.77
For law-enforcement agencies and prosecutors, detecting and responding to crimes and
threats to national security online requires a greater level of interstate co-operation.
Evidence to the Panel suggests, however, that current legal-assistance processes are
burdensome and, crucially, slow in comparison to the pace at which online threats can
develop. Effort must be put into improving the efficiency of multi-jurisdictional legal
assistance, obliging agencies and prosecutors to provide assistance including, where
necessary, obtaining information from CSPs and other commercial organisations based
within their jurisdiction.
Mutual Legal Assistance Treaties
Recommendation 20: Urgent improvements are necessary in order to expedite the
mutual legal assistance treaty (MLAT) process and, in particular, to the UK–US process
in managing data requests. We support the practical reforms suggested by Sir Nigel
Sheinwald to the existing MLAT between the UK and the US, to include the greater
standardisation of processes, training and improved guidance. The scope for a new and
wider international framework between like-minded democratic countries should also
be seriously investigated with the aim of allowing law-enforcement and intelligence
agencies more rapid access, under agreed restrictions, to relevant data in cases of
serious crime and for urgent counter-terrorism purposes.