Information Zen

Got this request from an AIIM member...

I know about EU Data Protection Rules, but this question seems a bit different... Any help (via a comment) I'm sure would be welcome.

In a Microsoft Workshop about SaaS, my German associates heard that storing data outside of the US is a problem. They said that US laws forbid US companies to store their data outside the USA because then the FBI and CIA would not have access to that data. The people said that this law was created after 9/11. They also said that German companies are not allowed to store their data in the USA, because the possibility of FBI/CIA to access these data would be against German data protection rules.

Does anyone have input or can you point me in the right direction?

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While I am not a lawyer, I am quite sure that US Law does not forbid domestic companies storing data offshore. And the EU Data Protection Directive prohibits companies from transferring data to another country that does not have "adequate" privacy laws in place. The directive is meant to curb identity theft and does not apply to the FBI/CIA. The very nature and existence of SaaS would be challenged by such laws if they existed.

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