Crossing National Boundaries to Access Electronic Data: New Technology, Old Laws

Sanjay Agrawal, Senior Counsel, Elekta AB, USA

On June 5, 2013, Edward Snowden revealed to the world that the U.S. government had ordered Verizon to hand over data under the USA PATRIOT Act, and, the following day, Snowden unveiled NSA’s PRISM program that allowed the U.S. government to access voicemails, emails, texts, photos, videos, and files from the largest technology firms in the United States. Snowden revealed the NSA’s ‘collect it all’ mentality. The mass collection of data by the NSA pre-Snowden is in sharp contrast with the European Union (EU) Directive that establishes privacy as a fundamental human right. The difference with U.S. versus EU privacy policy is the European Court of Justice’s declaration that EU citizens have the ‘right to be forgotten’. The EU vigorously protects the privacy of its citizens so that before any data can be transferred to a non-EU State, the receiving country’s privacy policy has to be reviewed and approved by the EU Commission.

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USA Data Protection IT May 2018 Vol.11, No. 42, Winter 2018

Sanjay Agrawal

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Sanjay Agrawal is Senior Counsel with Elekta, based in St. Louis, Missouri. Sanjay is responsible for building a strategic patent portfolio that is aligned with Elekta’s business objectives in the areas of radiotherapy, medical imaging, artificial intelligence, machine learning, and deep learning. He helps the business understand what their IP is and how it can be better leveraged in business. Sanjay has over 12 years’ experience as an in-house Counsel and has worked with legal teams spread across different countries. Sanjay is admitted to practice in Missouri and registered before the US Patent and Trademark Office. His undergraduate degree is from Washington University in St. Louis, and he has graduate degrees from the University of Texas, St. Louis University School of Law, and Washington University in St. Louis.

Elekta AB

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Elekta, headquartered in Stockholm, Sweden, is a leading global provider of equipment and software that is designed to enhance the delivery of radiation therapy, radiosurgery, and brachytherapy. Elekta helps clinicians improve patient’s lives. Elekta provides effective solutions to more than 6,000 hospitals worldwide to improve, prolong, and save the lives of people with cancer and brain disorders.

USA Data Protection IT May 2018 Vol.11, No. 42, Winter 2018