Introduction 

All democratic regimes recognize both the need to protect fundamental rights of its citizens, while ensuring that authorities can enforce law and protect their citizens against threats, such as terrorist attacks. There is an increasing awareness of the need to balance public interest and fundamental rights. How do government agencies in democratic countries ensure the right balance? What are the mechanisms in place? The session will present this complex topic, including in the context of the Cloud Act. The session also offers a journey into the legal frameworks, technological consequences, and ethical considerations surrounding government access to data, shedding light on key issues and potential solutions.  

Key questions and objectives 

• How do public authorities in democratic countries ensure the right balance between fundamental rights and national security?
• What are the good practices, safeguards, and relevant instruments in this domain?
• What are the provisions of the Cloud Act and how does it ensure the respect of personal data and privacy law?
• How can international cooperation strategies be reinforced to protect sensitive information while complying with legal requirements in this context?