The Irish government is turning to the European Commission in order to seek help with the US demands for emails stored on Microsoft servers. The DOJ argues that the emails contain information on drug trafficking.

In a request for legal guidance, the Irish government is fearful that the DOJ will end up bypassing European data protection laws.

Overruling Microsoft’s opposition to a magistrate judge’s decision, the court said that the location of the data was not a relevant factor in deciding whether the U.S. Department of Justice has the authority to seize the data. It also ruled that the DOJ did not need to have cooperation of the Irish authorities.

The Irish Minister for European Affairs and Data Protection, Dara Murphy, said: “By seeking direct access to data held in the EU through the US judicial system, existing legal mechanisms for mutual assistance between jurisdictions may be being effectively bypassed.”

“This is made ever more complex when different jurisdictions are involved, especially given the ease with which data can be transferred. It is within this context, that I urge the Commission to consider the arguments that Microsoft are making with respect to this case.”

Murphy added that when it comes to personal data, it is vital to get the process of prosecuting crime right.