Mutual legal assistance processes and other agreements should be clearly documented, publicly available, and subject to guarantees of procedural fairness.
States may not use
mutual legal assistance processes and foreign requests for Protected Information to circumvent domestic legal restrictions on Communications Surveillance.
Not exact matches
Despite the foregoing, foreign authorities may obtain access to protected data only in the following circumstances: (i) if CVM and the foreign authority have an agreement regulating the exchange of information; (ii) via cooperation treaties (eg,
mutual legal assistance treaty, MLAT); or (iii) if a foreign court order is issued and validated in Brazil via due
process of law.
Mutual Legal Assistance is the formal
process in which a country requests cross-jurisdictional co-operation in criminal and international investigations.
The Open Technology Institute also denounced the CLOUD Act's provision to «allow qualifying foreign governments to enter into an executive agreement to bypass the human rights protective
Mutual Legal Assistance Treaty (MLAT)
process when seeking data in criminal investigations and to seek data directly from U.S. technology companies.»