Jurisdiction, Foreign Requests and Legal Sufficiency
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The requester is real (unit P2, Verifying the Requester and the Legal Process). Now comes the harder question. Does this authority have power over your company, for this data? If it does, you answer, or you challenge by a lawful route. If it does not, you decide whether your own law lets you answer anyway.
Focus: a real officer is not always an officer who can bind you. Work out the requester's position, then test the request against five questions.
Learning objectives
- Say which company in your group answers a request, and why control matters more than server location.
- Place a requester in one of four positions.
- Tell voluntary disclosure from compelled disclosure, and record which it was.
- Explain what a company based in the United States, or in the European Union, must weigh before it answers a foreign authority.
- Use a five-question sufficiency review card.
- Narrow an over-broad request, and act lawfully when two laws conflict.
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