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.

Comics

At CloudTweaks, we're plugged into the cloud, the internet of things and all that the web has to offer. From wearable technology, to mobile computing, cloud computing and big data, CloudTweaks is your source for updates and news on the most innovative technology.

Popular

Top Viral Impact

Cloud Infographic: Most Used Cloud Apps

Cloud Infographic: Most Used Cloud Apps

Cloud app and analytics company, Netskope released its quarterly Cloud Report. The new report reveals that enterprise employees are using an average of 397 different cloud apps (most of which are unsanctioned), when IT estimated they have 40-50 — that’s a tenfold underestimation. Below is an infographic provided courtesy of the group at Netskope which goes into further detail.…

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…

Cloud Computing Adoption Continues

Cloud Computing Adoption Continues

Cloud Computing Adoption Continues Nowadays, many companies are changing their overall information technology strategies to embrace cloud computing in order to open up business opportunities.  There are numerous definitions of cloud computing. Simply speaking, the term “cloud computing” comes from network diagrams in which cloud shapes are  used to describe certain types of networks. All…

Using Big Data To Make Cities Smarter

Using Big Data To Make Cities Smarter

Using Big Data To Make Cities Smarter The city of the future is impeccably documented. Sensors are used to measure air quality, traffic patterns, and crowd movement. Emerging neighborhoods are quickly recognized, public safety threats are found via social networks, and emergencies are dealt with quicklier. Crowdsourcing reduces commuting times, provides people with better transportation…

Cloud Infographic – Big Data Survey: What Are The Trends?

Cloud Infographic – Big Data Survey: What Are The Trends?

Jaspersoft Big Data Survey Shows Rise in Commitment to Projects and Decline in Confusion Nearly 1,600 Jaspersoft Community Members Participate in Second Jaspersoft Big Data Survey San Francisco, February 4, 2014 – Jaspersoft, the Intelligence Inside applications and business processes, today shared results from its Big Data Survey. Nearly 1,600 Jaspersoft community members responded to…

Featured Sponsors

Moving From Email Into The Cloud

Moving From Email Into The Cloud

Mobile Collaboration In The Cloud Imagine that you, as a manager, are told by the powers that be that you have to find “efficiencies” within your department that will result in one million dollars of savings annually. You struggle with this. You send an email to everyone on your senior team. “Where can we save…

2015 Advertising Opportunities - Find Out More!

Cloud Logo Sponsors

hp Logo CityCloud-PoweredByOpenstack-Bluesquare_logo_100x100-01
cisco_logo_100x100 vmware citrix100

Established in 2009, CloudTweaks is recognized as one of the leading influencers in cloud computing, big data and internet of things (IoT) information. Our goal is to continue to build our growing information portal, by providing the best in-depth articles, interviews, event listings, whitepapers, infographics and much more.

Contact

CloudTweaks Media
Phone: 1 (212) 763-0021

Join Our Newsletter