Global tech giant Amazon may not be able to protect Australian Government data held in its Australian servers — including data gathered by the COVID-19 tracing app released on Sunday — from US subpoenas, according to legal experts and crossbenchers
di Dylan Welch and Linton Besser
The Government has defended its decision, revealed last week by the ABC, to award the app's data-storage contract to Amazon cloud subsidiary Amazon Web Services (AWS), a US-incorporated business subject to the Us CLOUD Act.The COVIDSafe app is designed to help identify who a COVID-19 positive person has met while infected, speeding up the contact-tracing process.
The CLOUD Act is a 2018 US law which requires American cloud services to produce, under subpoena, data held by them regardless of where in the world that data is stored.
The Australian Government initially told ABC News data held by Amazon would be protected from the CLOUD Act, but Australia's peak legal body, the Law Council, disagreed, saying that under current arrangements the appeal avenues under the CLOUD Act "would not have application" in Australia.
The Government has also pointed to a Ministerial Determination issued on Saturday by Health Minister Greg Hunt, which it says will also protect the data. The Law Council and two crossbenchers said that was not certain.
The federal crossbenchers told ABC News they were concerned the Government had created an uncertain legal situation around the COVID-19 app.
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