The Lighter Side Of The Cloud – Coffee Break
The Lighter Side Of The Cloud – Big Data Slingshot
The Lighter Side Of The Cloud – Medical News

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.

Recent

The E-Learning Market – Cloud Computing Adoption

The E-Learning Market – Cloud Computing Adoption

The E-Learning Market  We’ve talked a fair bit about e-Learning and MOOCs (Massive Open Online Courses) technologies here on CloudTweaks over the past number of years. The industry is expected to continue to grow at a brisk pace as more and more firms and educational institutions start to adopt cloud based services.  Docebo has an excellent…

Big Data, Business Intelligence And The Programming Language “R”

Big Data, Business Intelligence And The Programming Language “R”

Why Your Next Business Intelligence Hire Will Use R As anyone working in the field knows, business intelligence is an evolving landscape. New technologies, combined with a rapidly expanding marketplace, are disrupting legacy solutions and established platforms. Despite such growth, however, there have been a few constants, such as the R programming language. As other…

Beyond Gaming: Three Practical Applications For Oculus Rift

Beyond Gaming: Three Practical Applications For Oculus Rift

Three Practical Applications For Oculus Rift  Since the announcement of the Oculus Rift in 2012 gamers and game developers alike have been frenzied trying to both get their hands on the unit or build their own proprietary VR machine. The VR gold rush has since lead to the announcement of Project Morpheus from Sony and…

Popular

The Global Rise of Cloud Computing

The Global Rise of Cloud Computing

The Global Rise of Cloud Computing Despite the rapid growth of cloud computing, the cloud still commands a small portion of overall enterprise IT spending. Estimates I’ve seen put the percentage between 5% and 10% of the slightly more than $2 trillion (not including telco) spent worldwide in 2014 on enterprise IT. Yet growth projections…

Forrester Releases Its “15 Emerging Technologies To Watch Before 2020” Report

Forrester Releases Its “15 Emerging Technologies To Watch Before 2020” Report

15 Emerging Technologies To Watch Before 2020 The cloud, big data, the internet of things, and wearable technology have all featured heavily in Forrester’s latest list of fifteen technologies to watch before 2020. It is becoming a reality for businesses that they need to adapt and change to an increasingly technologically-minded customer base. Traditional marketing…

5 Ways CIOs Can Tackle Cloud Fears

5 Ways CIOs Can Tackle Cloud Fears

5 Ways CIOs Can Tackle Cloud Fears  CIOs are tired of hearing about cloud computing concerns. They’ve spent years reading about how cloud resources are subject to risks, and wonder – what can they do to help people trust the cloud?  The truth is that despite being a hot issue for years, the topic of…

The Cloud Above Our Home

The Cloud Above Our Home

Our Home – Moving All Things Into The Cloud The promise of a smart home had excited the imagination of the movie makers long ago. If you have seen any TV shows in the nineties or before, the interpretation presented itself to us as a computerized personal assistant or a robot housekeeper. It was smart,…

Cloud-Based VOIP – 4 Alternatives To Skype

Cloud-Based VOIP – 4 Alternatives To Skype

Cloud-Based VOIP – 4 Alternatives To Skype Skype is the most popular cloud-based VOIP service. Since being bought out by Microsoft for $8.5 billion in 2011 the company has grown to more than 300 million users and now accounts for 34% of all international calls. Some people don’t want to use Skype though. Reports of…

Sponsored Posts

The Value of Hybrid Cloud

The Value of Hybrid Cloud

The Value of Hybrid Cloud As the “cloud” continues to exert its dominance as the IT technology of the day, the question for many companies focuses on what type of cloud to choose: public, private, or a combination of the two, known as hybrid. Each has its advantages. Private cloud – owned and maintained by…

Cloud Logo Sponsors

hp Logo CityCloud-PoweredByOpenstack-Bluesquare_logo_100x100-01
cisco_logo_100x100 vmware citrix100
Site 24x7


Contributor Spotlight

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.

Branded Content Programs

Advertising