Computers, Privacy and Data Protection: an Element of Choice

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Because by using cloud services, companies can chose to, in effect rent computer resources rather than to invest in them outright having such elasticity of computing resources. The Cloud Service Layers [20] Based on the service operational capabilities, Cloud Deployment Models are classified [18] as shown in figure [20]. Figure 2.

Computers, Privacy and Data Protection (CPDP) Conference 2017 panel discussion: opening speech

Cloud Type Classification [18] [20] Some definitions of terms that will help to clarify the discussion made in this paper are given here [11]: Cloud Computer User: A customer or potential customer of cloud computing service. The user may be an individual, business, government agency or any other entity.

Cloud Service Provider: The organisation that offers the cloud computing service. A cloud provider may ay be an individual, a corporation or other business, a non non-profit profit organisation, a government agency or any other entity. Third Party: A cloud oud service provider is one type of third party, which maintains information about or on behalf of another entity. Privacy: ivacy: It means free from others interference.

Privacy control allows the person to maintain varying degree of intimacy. It helps in protecting the love, friendship and trust [9]. To guarantee a satisfactory level of privacy provision, any new technology should take Nissenbaum three principle into considerations.

Gutwirth, Serge

These principles define the sphere of boundaries for the privacy [9]. In , the term cloud computing entered main stream discussion about data protection and privacy. So in order to realize the cloud potential, the businesses must address the privacy questions raised by this new computing model. Privacy Laws [21]. Agreement for data practices [16].

In case of India, Information Technology Act cyber laws included may provide some help on data security and privacy. IT managers are likely to be wary of surrendering control of their resources to outside providers who can change the underlying technology without customers consent. Thus the issues related to performance and latency can be seen as problematic [22].

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Government agencies and private litigants may be able to obtain information from a third party more easily than from the creator of the information. The expanded ability of the government and other to obtain information from a third party affects both businesses and individuals. For many users, the loss of notice of a government demand for data is a significant reduction rights [11]. In United States of America, the Electronic Communications Privacy Act of ECPA provides some kind of protections against government access to electronic mail and other computer records held by parties e.

But at the same time, USA Patriot Act, originally enacted in and amended in includes provisions allowing the FBI access to any business record by extend the ECPA by compelling the cloud providers to disclosure of records. Similarly Right of Information Law or Freedom of Information Act kind of laws allow a private litigant or other party might seek records from a cloud provider rather than directly from a user because the cloud provider would not have the same motivation as the user to resist a subpoena or other demand.

So Disclosure to third parties by a cloud provider could create problems with other laws, principles and interests. Similarly the privacy becomes an issue when seeking health information against health related information act, fair credit report act, video piracy protection act, bankruptcy, trade secrets from cloud service providers thus making the effort to maintain secrecy towards debatable. Web sites keep publishing a long list of publication on their terms and service may be considered as the most important feature of cloud computing for an average user who is not subjected to a legal or professional obligation from a privacy and confidentiality perspective.

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This could affect the legality of information sharing by a user. In case of the data stored in multiple locations in multiple servers the user might get the reduced risk of legality or increase the risk of failure of protection in terms of not claiming from a specific jurisdiction. But it is important to understand that these principles are recognized worldwide as setting the standards privacy.

These principles therefore provide a standard in comparing privacy regulations see figure 3. Thus Cloud Service provider CSP oragnisations have a legal obligation to comply with legislation; these organisations are responsible and accountable for compliance.

Organisations can be held liable if a subcontractor breaches compliance with legislation.

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It is unknown if a CSP is legally considered the same as subcontractor. Currently there is no jurisprudence on this matter. However a CSP can be legally seen as a subcontractor [11]. This implies that organisations should ensure that a CSP is compliant with relevant privacy legislation.

Jurisdiction is deemed to impact privacy on Cloud Commuting in other cases.

Computers, Privacy and Data Protection: an Element of Choice

Figure 3. Common Principles in Privacy regulations [20] Horizontal axis: Various Privacy laws and regulations Vertical axis: Common Principles in the various privacy laws and regulations Check mark: It means the principle is present in the regulation Thus it can be summarized that various issues in cloud computing includes: Identity management, physical and personnel security, application security, cloud availability and accessibility to customers, privacy and legal issues. Both of these attacks were constructed and executed in less than one day and for approximately Euros and both were successful in their respective goal.

Furthermore, neither attack was detected or shutdown by the Cloud Service Providers. Criminals willing to launch botnet attacks are most likely to commit identity theft. When creating an account for Cloud services, a false name and stolen credit card information is used thus making the cost of the service a non-issue.

With a dozen stolen credit cards, a criminal could launch a series of a dozen botclouds, possibly on different CSPs. When one Cloud is finally detected and shut down, the next is launched and so on, resulting in an ongoing, massive attack. CSPs do not currently have a strong incentive to monitor all customers from the time they start using Cloud Services. Current policy is to wait until victims of attacks contact the responsible CSP at which point actions taken to disable the attack. So it is required that CSPs must implement a comprehensive botcloud detection and removal policy and mechanism otherwise botmaster will continue to move their malicious activities into the Cloud and botclouds will continue to grow.

This requires the CSPs to proactively monitor for botclouds and deploy cloud related extrusion detection systems [5]. In cases where a CSP fails to provide this demand, the CSP itself may be forced to outsource organisational data to a different CSP, amplifying the location related privacy issues portrayed above.

Thus the impact of privacy regulations is most dramatic between external Cloud computing and traditional IT.

Computers, Privacy and Data Protection: an Element of Choice

Thus the concept of Cloud Computing can bring many uncertainties with respect to compliance with privacy regulations. So current privacy regulations are clearly not enough to solve all the privacy issues related to Cloud computing. More matured awareness is required about both the issues and about the existing regulations and seems become a good first step to remedy this.

Security could be seen as a major issue in the adaptation of Cloud computing as compared to compliance to privacy regulations [20]. Not many organisations are completely aware of privacy issues in Cloud Computing [19]. This could provide practical examples on how implementation of cloud computing affects the compliance of organisations with privacy regulations.

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