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Legal Framework for Cloud Computing Cebit May 31 2011 Sydney
- 1. Anthony Wong MACS CP President, Australian Computer Society Chief Executive, AGW Consulting
- 3. Examples of Cloud Computing Source: NBN Co
Hinweis der Redaktion
- Of all the trends currently shaping the ICT sector, Cloud Computing has the greatest potential to change the way we live, work and interact Before it was the largest corporations or government agencies that can afford high performance infrastructure or sophisticated applications Now, we can exploit a wide range of online functionality; academics and researchers can access the platforms they need to perform highly complex computations; and companies of all sizes can utilise systems and platforms in a cost effective manner Before it was the largest corporations or government agencies that can afford high performance infrastructure or sophisticated applications
- Our laws today are essentially geographical and tied to national interests and boundaries
- Risks assessment include the specific arrangements underlying the services offered the service provider the location from which the services are to be provided criticality and sensitivity of the IT assets involved Also Example - Commonwealth of Australia Government Contract for IT Services expressly prohibits suppliers from transmitting or storing their customer data outside of Australia
- Preserving evidence of your Organisational activities When you create a record you are documenting your organisation: a map, written report, email, film or sound recording Format of the record you create doesn’t matter What is important is that evidence of your activities is recorded in a way that supports your organisational needs Records in your records management systems: can be proven to be genuine are accurate and can be trusted are complete and unaltered are secure from unauthorised access, alteration and deletion can be found when needed are related to other relevant records
- Consider warm and/or cold sites A secondary data backup site
- Data is never anywhere, but always somewhere
- Complexity arises where “data is in motion” as it winds its way across the internet transitioning through a number of servers located in different countries – which countries’ laws apply? conflict of laws may occur
- Microsoft will buy internet phone service Skype for the grand total of US$8.5 billion Buying Skype gives Microsoft access to a user base of people who log in to Skype every month, using the Internet and Skype usernames as a complement to the traditional phone network and its phone numbers Shares of social network LinkedIn more than doubled in price after launching on the New York Stock Exchange in a tech stock feeding frenzy reminiscent of the infamous dot-com boom. Shares of the online professional social networking company closed at $US94.25, 109 per cent above their $US45 initial public offering price. They rose as high as $YS121.97, in their first day of trading LinkedIn brings together people online to cultivate and manage their careers and business networks. It has more than 100 million members in over 200 countries and territories, with 44 million in the United States -SMH May 20, 2011
- Given that the internet is not bound by geographical boundaries, the issue of offshore transfers of personal information has special relevance to cloud computing. EU Data Protection Directive generally restrict the transfer of personal data to a country outside the European Union (EU) unless certain requirements are met: the other country ensures an 'adequate' level of data protection; the parties have an appropriate contractual relationship; or the individual has given consent Australian Privacy Act does not meet the EU “adequate level of protection” , primarily because of the small business, employee records and direct marketing exceptions European Union’s Data Protection Directive offers an example of the importance of location on legal rights and obligations
- Draft revised privacy legislation The Australian Government's draft legislative changes, reflecting its response to the ALRC's privacy inquiry, are currently being considered by the Senate Finance and Public Administration Committee with a final reporting date of 1 July 2011. The draft legislation is to be released and subject to the Committee's scrutiny in 4 stages: The Australian Privacy Principles provisions (released June 2010) Credit reporting provisions Health and research provisions Provisions relating to the powers of the privacy powers of the Australian Information Commissioner
- Cover Report “Protecting the Brand …” "IP's new role in the knowledge economy“ Asia Today International April/May 2011