Case Studies: Effective Approaches for Navigating Cross-Border Cloud Data Transfers Amid U.S. Government Privacy and Safety Concerns
DOI:
https://doi.org/10.14738/aivp.126.17828Keywords:
DATA, PRIVACY, CROSS BORDER TRANSFERAbstract
This study attempts to explain the impact of information exchange from one country to another, as well as the legal and technological implications for these exchanges. Due to the emergence of cloud technology, possibilities for free exchange of information between countries have increased rapidly, as it has become possible to save information in a country and access it in almost any part of the world. Countries all around the world have been confronted with developing frameworks to facilitate this process, although there are significant challenges which must be confronted on legal and technological fronts, as loopholes in the framework adopted by countries may hinder free access to information stored on cloud, and also compromise data privacy. Cloud technology is impacting a lot of issues, including domestic and international businesses, hence the need for a study to propose measures for safe exchange of information using cloud technology.
References
George Yijun Tian. Current Issues of Cross-Border Personal Data Protection in The Context of Cloud Computing and Trans-Pacific Partnership Agreement: Join or Withdraw. Wisconsin International Law Journal, Vol 34, No 2, pp 367 – 408 (2017).
Guillermo O’Donnell. The Quality of Democracy: Why the Rule of Law Matters, Journal of Democracy, Vol. 15, No. 4, 32 (2004).
Nikolas Roman Herbst, Samuel Kounev & Ralf Reussner. Elasticity in Cloud Computing: What It Is, And What It Is Not (2013).
Paul M. Schwartz, EU Privacy and the Cloud: Consent and Jurisdiction Under the Proposed Regulation, 12 BNA PRIVACY AND SECURITY L. REP. 718, 718 (2013)
Natasha Lindstaedt. Authoritarianism, Encyclopedia Britannica, June 2023. https://www.britannica.com/topic/authoritarianism
United Nations. What is the Rule of Law. https://www.un.org/ruleoflaw/what-is-the-rule-of-law/; Summit for Democracy, Joint Statement and Call to Action on The Rule of Law and People-Centered Justice: Renewing a Core Pillar of Democracy, USAID. https://www.usaid.gov/sites/default/files/2023-04/Joint-Statement-Call-to-Actiononthe- Rule-of-Law-and-PCJ-April-14-2023.pdf; Venice Commission of the Council of Europe, The Rule of Law Checklist, March 2016. https://www.venice.coe.int/images/SITE%20IMAGES/Publications/Rule_of_Law_Check_List.pdf Christopher Docksey. Keynote on Accountability At the 41st Conference of Data Protection and Privacy Commissioners in Tirana, Albania, Oct. 31, 2019. https://informationaccountability.org/2019/10/christopherdocksey-keynote-on-accountability-at-the-41st-conference-of-data-protection-and-privacy-commissioners-24-october-2019-in-tirana-albania/Christopher Docksey. Article 24 in C. Kuner, L. A. Bygrave, and C. Docksey (eds.), The EU General Data Protection Regulation: A Commentary, OUP, 2020, pp. 555–570.
OECD Privacy Guidelines, 1980.https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0188. Asia-Pacific Economic Cooperation (APEC), APEC Privacy Framework, Dec. 2005. https://www.apec.org/publications/2005/12/apec-privacy-framework.
US Department of Commerce, Global Cross-Border Privacy Rules Declaration, 2022. https://www.commerce.gov/global-cross-border-privacy-rules-declaration.
Alan Travis, UK Security Agencies Unlawfully Collected Data for 17 Years, Court Rules, The Guardian, Oct. 18, 2016 in Robert McMillan & Jennifer Valentino-Devries, Russian Hacks Show Cybersecurity Limits, Wall Street
USA Patriot Act of 2001, 18 U.S.C. 2511(2) (2006); Allen & Overy, The EU General Data Protection Regulation (2016) http://www.allenovery.com/SiteCollectionDocuments/Radical%20changes%20to%20European %20data%20p rotection%20legislation.pdf.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2024 Motunrayo Adebayo

This work is licensed under a Creative Commons Attribution 4.0 International License.