How Are Canadians Affected By The USA Patriot Act And Cloud Computing?

How Are Canadians Affected By The USA Patriot Act And Cloud Computing?

Whether Canadians like it or not, they are affected by the US Patriot Act. While some of the previous issues have been settled already, some new issues are already popping up – issues with cloud computing. The US Patriot Act, otherwise known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, was passed after the World Trade Center attack in September 2011. The law provided a way for US law enforcement agencies to seize business records and block electronic communications. Under this law, any law enforcement official can ask an electronic communication service provider to provide them with information without first letting the affected organizations or individuals know. By issuing a National Security Letter, the service provider can easily hand over any information.

In section 215 of the Act, the Federal Bureau of Investigation (FBI) can ask a federal judge to issue an order which requires parties to produce any tangible items so that the FBI can investigate any clandestine intelligence or international terrorism activities. Said provision is also believed to cover electronic business records. Because of cloud computing, any data from Canada can be mixed with other data from across the globe and housed in a datacenter which is located in the United States of America. As a result, Canadian data can be accessed by the US because it is under the jurisdiction of the USA and, as such, subject to US law. This can pose a Canadian privacy dilemma because under the privacy laws of the Canadian federal and provincial states, any organization which collects data is primarily responsible for data security. Such responsibility is even included in the privacy policy of the organization, as well as in the terms of service or contract.

Canadian organizations themselves are not precluded from tapping cloud services based in the USA if they are only servicing the private sector. The privacy laws of Canada do not prohibit any personal information transfer for storage and processing as long as the said transfer doesn’t make use of the personal information in any manner which wasn’t agreed upon by the organization and its clients; the organization maintains accountability for the personal information protection; the organization will provide the same level of data security as is required by Canadian law; and the said arrangement is disclosed to the client.

In 2009, the Office of the Privacy Commissioner of Canada conducted a survey, which compared Canadian surveillance laws with those of France, the UK, and the US. From 1990 up to the present, the US and Canada have had a Treaty on Mutual Legal Assistance in Criminal Matters wherein both countries have committed to helping each other with criminal investigations – even the Canadian Security and Intelligence Service Act issues secret warrants for the seizure and interception of electronic data. Communications relating to foreign parties can be intercepted by the Canadian Communications Security Establishment upon the order of the Minister of Defense, acting on the powers provided to the minister by the National Defense Act. The Criminal Code of Canada also allows electronic data seizures.

However, when an organization is servicing the public sector in Nova Scotia or British Columbia, it must seek legal advice. There are laws in Alberta, Nova Scotia, and British Columbia which prohibit data storage outside Canada.

By Florence de Borja

Sorry, comments are closed for this post.

Comic
Pitney Bowes Selects Aria Systems for Billing on the New Commerce Cloud

Pitney Bowes Selects Aria Systems for Billing on the New Commerce Cloud

Top-Ranked Cloud Billing Company Enables Greater Speed and Frictionless Billing for Unparalleled Customer Experience San Francisco, CA – August 23, 2016 – Aria Systems, which helps enterprises grow subscription and usage-based revenue, today announced that Pitney Bowes has selected Aria’s cloud-based monetization platform as the key billing and monetization component of their new Commerce Cloud…

The Golden Age of Wearable Technology

The Golden Age of Wearable Technology

The Golden Age One of the biggest fads in the technology sector right now is wearable tech. From Smartwatches that let you check your emails, chat with friends and search the web, to fitness accessories that monitor your heart rate and your sleep patterns, this is truly the Golden Age of wearable technology. But some…

Marketing Execs Beefing Up on Martech Strategies

Marketing Execs Beefing Up on Martech Strategies

Martech Strategies As budgets shift from traditional marketing streams to marketing technology, it’s essential that both marketers and business leaders understand marketing technology and keep up with the developments. According to eMarketer, 78% of US senior marketers surveyed believe gaining this understanding of marketing technology is increasingly relevant to their success, and the majority of…

4 Monetization Models For The Digital Business Era

4 Monetization Models For The Digital Business Era

4 Monetization Models Digital business is expected to generate billions in new revenue in the next four to five years. However, MGI Research predicts that digital businesses will need to increase their time to market by 40 percent. Many global executives admit they are unprepared to monetize their operations. The million dollar question is: how…

Cybersecurity Experts Racing to Keep Pace with Growing Cyber Threats

Cybersecurity Experts Racing to Keep Pace with Growing Cyber Threats

The cyberwar is on! At this stage of the game, the stakes are higher than ever, and safeguarding networks from cyberattacks is a devilish combination of Chicken and Cat-and-Mouse. Attacks are now so commonplace that many events of serious cybersecurity breaches go uncovered by mainstream media. Despite the rapid advancements in IT security technology, hackers…

The Security Gap: What Is Your Core Strength?

The Security Gap: What Is Your Core Strength?

The Security Gap You’re out of your mind if you think blocking access to file sharing services is filling a security gap. You’re out of your mind if you think making people jump through hoops like Citrix and VPNs to get at content is secure. You’re out of your mind if you think putting your…

The Cancer Moonshot: Collaboration Is Key

The Cancer Moonshot: Collaboration Is Key

Cancer Moonshot In his final State of the Union address in January 2016, President Obama announced a new American “moonshot” effort: finding a cure for cancer. The term “moonshot” comes from one of America’s greatest achievements, the moon landing. If the scientific community can achieve that kind of feat, then surely it can rally around…

The Cloud Is Not Enough! Why Businesses Need Hybrid Solutions

The Cloud Is Not Enough! Why Businesses Need Hybrid Solutions

Why Businesses Need Hybrid Solutions Running a cloud server is no longer the novel trend it once was. Now, the cloud is a necessary data tier that allows employees to access vital company data and maintain productivity from anywhere in the world. But it isn’t a perfect system — security and performance issues can quickly…

Protecting Devices From Data Breach: Identity of Things (IDoT)

Protecting Devices From Data Breach: Identity of Things (IDoT)

How to Identify and Authenticate in the Expanding IoT Ecosystem It is a necessity to protect IoT devices and their associated data. As the IoT ecosystem continues to expand, the need to create an identity to newly-connected things is becoming increasingly crucial. These ‘things’ can include anything from basic sensors and gateways to industrial controls…

Unusual Clandestine Cloud Data Centre Service Locations

Unusual Clandestine Cloud Data Centre Service Locations

Unusual Clandestine Cloud Data Centre Service Locations Everyone knows what the cloud is, but does everybody know where the cloud is? We try to answer that as we look at some of the most unusual data centre locations in the world. Under the Eyes of a Deity Deep beneath the famous Uspenski Cathedral in the…

SaaS And The Cloud Are Still Going Strong

SaaS And The Cloud Are Still Going Strong

SaaS And The Cloud With the results of Cisco Global Could Index: 2013-2018 and Hosting and Cloud Study 2014, predictions for the future of cloud computing are notable. Forbes reported that spending on infrastructure-related services has increased as public cloud computing uptake spreads, and reflected on Gartner’s Public Cloud Services Forecast. The public cloud service…

Cloud Infographic – What Is The Internet of Things?

Cloud Infographic – What Is The Internet of Things?

What Is The Internet of Things? “We’re still in the first minutes of the first day of the Internet revolution.”  – Scott Cook The Internet of Things (IOT) and Smart Systems are based on the notions of Sensors, Connectivity, People and Processes. We are creating a new world to view and measure anything around us through…

5 Surprising Ways Cloud Computing Is Changing Education

5 Surprising Ways Cloud Computing Is Changing Education

Cloud Computing Education The benefits of cloud computing are being recognized in businesses and institutions across the board, with almost 90 percent of organizations currently using some kind of cloud-based application. The immediate benefits of cloud computing are obvious: cloud-based applications reduce infrastructure and IT costs, increase accessibility, enable collaboration, and allow organizations more flexibility…

Cloud Infographic – Guide To Small Business Cloud Computing

Cloud Infographic – Guide To Small Business Cloud Computing

Small Business Cloud Computing Trepidation is inherently attached to anything that involves change and especially if it involves new technologies. SMBs are incredibly vulnerable to this fear and rightfully so. The wrong security breach can incapacitate a small startup for good whereas larger enterprises can reboot their operations due to the financial stability of shareholders. Gordon Tan contributed an…

Are Women Discriminated Against In The Tech Sector?

Are Women Discriminated Against In The Tech Sector?

Women Discriminated Against In Tech Sector It is no secret that the tech industry is considered sexist since most women are paid less than men; there are considerably fewer women in tech jobs; and generally men get promoted above women. Yet the irony is twofold. Firstly, there is an enormous demand for employees with skills…