As Canadians, two separate federal privacy laws protect our privacy. These laws govern the information that businesses can collect on other Canadians, as well as how organizations must manage and protect that data. As of January 1, 2004, PIPEDA applies to every organization that collects, uses or discloses personal information in the course of commercial activities. However, the federal government may offer an exemption organizations and/or activities in provinces deemed to have adopted substantially similar privacy legislation (more on this later).
The recent cloud controversy is yet another hard example of the importance and reality of security and privacy issues associated with cloud computing. The larger public commodity clouds have been built around the models of over-subscription and resource sharing - all in the name of immediate introduction and uptake. Usually one gets what they pay for, what have we really given up for the low cost (at times free) services?
Canada is a recognized world leader in privacy legislation so whether your business is targeting the Canadian market or whether you are an international company targeting the US market; Canada is an ideal location for hosting business-critical applications.
Cloud computing can be more secure than traditional IT. Cloud providers and new Cloud server technologies employ and deliver security well beyond the means of any small to medium business.
The legal environment for Cloud computing is in catch-up mode relative to the pace of Cloud adoption. Many data privacy laws pre-date Cloud computing capability. Cloud computing now possess new legal dimensions and dynamics that have not yet been fully tested, although moving quickly to adopt consensus on standards, responsibilities, liabilities and universality. It is new territory for legal considerations for both Cloud provider and client. One thing that remains constant that impacts on legal considerations is the threat landscape constantly changes and evolves and both parties require to work together to build the jurisprudence.