alt Hacker News> This is for data loss, of course, not access or surveillance or unlawful processing.
This is why the minority of politicians who actually know about how this stuff works worry about where the data resides for jurisdictional purposes. If the government where the data resides can compel the folks who have physical and/or logical access to the physical machines that contain that data to give them access to that data, then that's game over for you.
«But you just don't permit that sort of breach to happen!» you might say. To which I reply "Yeah, right.".
Substantial physical separation of datacenters is very important, but the politics and policies of the location housing the data cannot be ignored.
I mean, in those rooms I was arguing over the best policies to prevent access and surveillance and unlawful processing, and what the potential cost-benefit analysis was. And what I was arguing against was an assumption that physically compelling all companies -- or worse, all citizens -- to keep their data within the borders of the host country, would protect you from these problems.
We'd have to explain that if the data was physically in Brazil, but hosted by a U.S. company, that would not stop that company from accessing that data remotely -- unless you specified that. We'd have to also explain that if you were intended to defend against US mass surveillance of non-US persons by the US intelligence services, intelligence services and SIGINT are univerally almost defined by their broad remit to target foreign nations on their own territory in violation of local law. And, finally, if you intended to use the prohibiting the movement of of data as a sanction against companies to punish them for violating data protection standards, as pre-GDPR law in the EU had as an ultimate last resort, and the GDPR often ends up relying on as a last resort, you would find that multinationals are more capable of putting up servers in your home territory and continuing to serve your citizens than they are of substantially changing their practices regarding data processing.
I don't want to sound nihilistic about this -- regulations can exist in these areas. But it's those politics and policies of the institutions with control over the data that are the most important part of this: not where the bits are kept. Especially when those bits are encrypted, and the keys and access controls are elsewhere.